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  • Author: C. Randall Henning
  • Publication Date: 01-2020
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: Cooperation and competition among regional financial arrangements (RFAs) and the International Monetary Fund (IMF) increasingly determine the effectiveness of the global financial safety net (GFSN), which many observers fear is becoming fragmented. Overlap among these crisis-fighting institutions has important benefits but also pitfalls, including with respect to competition, moral hazard, independence, institutional conflict, creditor seniority and non-transparency. The study reviews the RFAs in Latin America, East Asia and Europe to assess their relationships with the IMF and address these problems. Among other things, it concludes: institutional competition, while harmful in program conditionality, can be beneficial in economic analysis and surveillance; moral hazard depends critically on institutional governance and varies substantially from one regional arrangement to the next; secretariats should be independent in economic analysis, but lending programs should be decided by bodies with political responsibility; and conflicts among institutions are often resolved by key member states through informal mechanisms that should be protected and developed. Findings of other recent studies on the GFSN are critiqued. Architects of financial governance should maintain the IMF at the centre of the safety net but also develop regional arrangements as insurance against the possibility that any one institution could be immobilized in a crisis, thereby safeguarding both coherence and resilience of the institutional complex.
  • Topic: Governance, Surveillance, Strategic Competition, IMF
  • Political Geography: Europe, Middle East, Asia, South America, Australia, North America, Global Focus
  • Author: Michel Girard
  • Publication Date: 01-2020
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: Global data standards are urgently needed to foster digital cooperation and manage global tech platforms. No global organization is currently mandated to coordinate the development, maintenance and use of technical standards covering data value chains and policy-oriented standards covering data governance. Precedents exist where standards development work is coordinated by international organizations in sectors of the economy operating across borders, from aviation and maritime shipping to meteorology, food production, public health and the management of the internet. This paper proposes the creation of a Data Standards Task Force (DSTF), which would be entrusted with a dual mandate: enabling the development of technical standards to create data value chains and being accountable for the development of data governance standards needed by regulators to properly frame the leading big tech platforms (Facebook, Amazon, Apple, Microsoft and Google). The ultimate objective of the DSTF would be to create the required architecture for a “single data zone” where data can circulate freely between participating jurisdictions.
  • Topic: Science and Technology, Social Media, Data, Digital Cooperation , Big Tech
  • Political Geography: Global Focus
  • Author: Raya Pakzad
  • Publication Date: 05-2019
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: Efforts are being made to use information and communications technologies to improve accountability in providing refugee aid. However, there remains a pressing need for increased accountability and transparency when designing and deploying humanitarian technologies. This paper outlines the challenges and opportunities of emerging technologies, such as machine learning and blockchain, in the refugee system. The paper concludes by recommending the creation of quantifiable metrics for sharing information across both public and private initiatives; the creation of the equivalent of a “Hippocratic oath” for technologists working in the humanitarian field; the development of predictive early-warning systems for human rights abuses; and greater accountability among funders and technologists to ensure the sustainability and real-world value of humanitarian apps and other digital platforms.
  • Topic: Science and Technology, Refugee Issues, Digital Economy, Humanitarian Crisis
  • Political Geography: Global Focus
  • Author: Daniel Henstra, Jason Thistlethwaite
  • Publication Date: 03-2019
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: To maximize the effectiveness of flood risk management, city governments should employ multiple policy instruments to balance the objectives of resilience (i.e., risk reduction), efficiency (i.e., benefits exceed costs) and legitimacy (i.e., political and public support). Flood risk management instruments differ to the extent that they emphasize some of these objectives over others, so informed trade-offs are required when selecting and combining them. Contextual factors, such as available resources, the level of flood risk and the degree of public risk awareness, are also salient when choosing among policy instruments for flood risk management.
  • Topic: Natural Disasters, Legitimacy, Public Health, Flood
  • Political Geography: Global Focus
  • Author: Robert Fay, Angelo Arcelli
  • Publication Date: 04-2019
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: Following the 2008 financial crisis, the Group of Twenty embarked on an ambitious financial regulatory reform plan that has seen many banks worldwide make substantial progress in terms of both capitalization and governance. Over this period, banks have also become increasingly exposed to business risks from digitization, artificial intelligence and cybercrime, and major investments are necessary to manage these risks. New regulations have been introduced in the European Union to reduce these risks, but their associated costs have potentially created a lasting competitive disadvantage for European banks. This situation has raised some key questions that deserve to be discussed and investigated: How does regulation — including that outside the sector — affect banks’ ability to compete globally? What will be the impact of fintech players as well as globally active banks from China and other emerging markets? Can the Basel regulatory framework and Financial Stability Board (FSB) ensure a level playing field globally going forward, or has the regulatory pendulum swung too far? How will the supervisory approach need to be adapted to the changing structure of the global financial system? Moreover, how will the implementation of Basel reforms affect the industry? These and other questions remain about the effectiveness of the already-achieved reforms as well as their future direction. These issues were at the core of CIGI and Oliver Wyman’s fifth annual Financial Regulatory Outlook Conference, held in Rome on November 28, 2018. This conference report summarizes the key points of discussions at the conference, with a special focus on the 10 years of regulatory reform that was conducted under the auspices of the FSB and the new forces that are currently affecting banks and could have an impact on the future.
  • Topic: Financial Crisis, Regulation, Europe Union, digital culture
  • Political Geography: Europe, Global Focus
  • Author: Walter Kölin
  • Publication Date: 04-2019
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: The number of internally displaced persons is at a record high, with most living in protracted displacement. While the humanitarian response in emergency situations is more effective than a decade ago, overall governance — the set of norms, institutions and processes necessary to address internal displacement — remains weak. Using the 1998 UN Guiding Principles on Internal Displacement as the normative point of reference, this paper addresses several questions: What governance gaps and challenges exist in responses to internal displacement? Are there promising new approaches to internal displacement? How can we build on these approaches to make responses more reliable and effective?
  • Topic: Governance, Displacement, Humanitarian Crisis, Internal Displacement
  • Political Geography: Global Focus
  • Author: Sarah Miller
  • Publication Date: 06-2019
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: This paper considers how responsibility for ensuring refugee protection and access to solutions can be shared more reliably across the United Nations’ system, by examining entry points beyond traditional humanitarian actors (including peace and security actors in the United Nations), as well as the role states can play in supporting a broader response from the UN system. It draws upon a range of literature and concepts, including the Responsibility to Protect doctrine, offering a mapping and analysis of the proposed UN reforms within the humanitarian, development, financial, and peace and security sectors. It then considers how these reforms might be relevant to responsibility sharing in displacement situations and lays out some of the broader challenges to greater responsibility sharing. Finally, the paper provides recommendations for how to more fully engage these other actors — within the United Nations and beyond — to improve the prevention of, response to and resolution of displacement.
  • Topic: Security, United Nations, Refugee Issues, Displacement, Humanitarian Crisis
  • Political Geography: Global Focus
  • Author: Tristan Harley
  • Publication Date: 05-2019
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: In recent years, significant global attention — much of it through the negotiations of the 2016 New York Declaration and the 2018 Global Compact on Refugees — has been focused on developing more effective and equitable methods for sharing responsibility for refugees. States, international organizations, civil society organizations and academics have also put forward proposals and programs, alongside and in response to these negotiations. This paper examines and compares these initiatives, analyzing their strengths and limitations. It calls for a clearer understanding of the meaning and application of responsibility sharing for the protection of refugees and for further examination as to how the refugee regime interacts with other areas of international governance. It also highlights opportunities associated with incorporating refugees within broader development or human mobility initiatives, while it reiterates the need to preserve the principal humanitarian purpose of refugee protection and the provision of durable solutions through effective responsibility sharing. It proposes transitioning refugee financing and refugee resettlement away from voluntary, ad hoc contributions and toward more concrete legal and financial commitments, while accounting for states’ differing capacities and resources. One approach to implementing these changes is to bring together the actors who are most capable, most responsible and most vulnerable, within a mini-multilateral framework.
  • Topic: Migration, Refugee Issues, Displacement, Humanitarian Crisis
  • Political Geography: Global Focus
  • Author: Géraud de Lassus Saint-Genliês
  • Publication Date: 05-2019
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: The Global Pact for the Environment (GPE) is a draft treaty prepared in 2017 by a French think tank, Le Club des Juristes, which aims at strengthening the effectiveness of international environmental law (IEL) by combining its most fundamental principles into a single overarching, legally binding instrument. In May 2018, the United Nations General Assembly (UNGA) adopted Towards a Global Pact for the Environment, a resolution that established an intergovernmental working group to discuss the necessity and feasibility of adopting an instrument such as the GPE, with a view to making recommendations to the UNGA. As the working group nears its final session, scheduled for May 20–22, 2019, this paper discusses the extent to which codifying the fundamental principles of IEL into a treaty could increase the problem-solving effectiveness of environmental governance. The analysis suggests that the added value of the proposed GPE (or any such instrument) may not be as evident as what its proponents argue. The paper also highlights the fact that the adoption of such an instrument could generate unintended consequences that would hinder the development of more effective environmental standards in the future.
  • Topic: Climate Change, Development, Environment, United Nations
  • Political Geography: Global Focus
  • Author: Dan Ciuriak
  • Publication Date: 07-2019
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: The rules-based framework, as instantiated in rules established under the World Trade Organization (WTO), is not equipped to address the issues that are emerging under the technological conditions generated by the digital transformation. The emerging knowledge-based and data-driven economy features incentives for strategic trade and investment policy and a confluence of factors contributing to market failure at a global scale; digital social media and platform business models have raised concerns with calls for regulation affecting cross-border data flows; and newfound security issues raised by the vulnerabilities in the infrastructure of the digitized economy have precipitated a potential decoupling of global production networks along geopolitical fault lines. To date, the response has been fragmented, incomplete and, in large part, conducted outside the WTO. A new WTO digital round is required to create a multilateral framework that is fit for purpose for the digital age.
  • Topic: International Trade and Finance, World Trade Organization, Digital Economy, Multilateralism
  • Political Geography: Global Focus
  • Author: James Bacchus
  • Publication Date: 07-2019
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: Trade has become a taboo topic in climate negotiations on the implementation of the Paris climate agreement. This must change. The nexus between trade and climate change must be addressed in the climate regime. In particular, a definition is needed that will clarify the meaning of a climate “response measure.” Without a definition provided by climate negotiators, the task of defining which national climate measures are permissible and which are not when they restrict trade while pursuing climate mitigation and adaptation will be left to the judges of the World Trade Organization. To avoid a collision between the climate and trade regimes that will potentially be harmful to both, the ongoing deliberation on response measures in the climate regime must be reframed by ending the climate taboo on trade.
  • Topic: Climate Change, Environment, International Trade and Finance, World Trade Organization
  • Political Geography: Global Focus
  • Author: Melissa Hathaway
  • Publication Date: 06-2019
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: In recent years, the world has witnessed an alarming number of high-profile cyber incidents, harmful information and communications technology (ICT) practices, and internationally wrongful acts through the misuse of ICTs. Over the last 30 years, a unique and strategic vulnerability has been brought to society — by allowing poorly coded or engineered, commercial-off-the-shelf products to permeate and power every aspect of our connected society. These products and services are prepackaged with exploitable weaknesses and have become the soft underbelly of government systems, critical infrastructures and services, as well as business and household operations. The resulting global cyber insecurity poses an increasing risk to public health, safety and prosperity. It is critical to become much more strategic about how new digital technologies are designed and deployed, and hold manufacturers of these technologies accountable for the digital security and safety of their products. The technology industry has fielded vulnerable products quickly — now, it is crucial to work together to reduce the risks created and heal our digital environment as fast as society can.
  • Topic: Security, Science and Technology, Cybersecurity, Digital Economy, Surveillance
  • Political Geography: Global Focus
  • Author: Susan Ariel Aaronson
  • Publication Date: 07-2019
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: Many wealthy states are transitioning to a new economy built on data. Individuals and firms in these states have expertise in using data to create new goods and services as well as in how to use data to solve complex problems. Other states may be rich in data but do not yet see their citizens’ personal data or their public data as an asset. Most states are learning how to govern and maintain trust in the data-driven economy; however, many developing countries are not well positioned to govern data in a way that encourages development. Meanwhile, some 76 countries are developing rules and exceptions to the rules governing cross-border data flows as part of new negotiations on e-commerce. This paper uses a wide range of metrics to show that most developing and middle-income countries are not ready or able to provide an environment where their citizens’ personal data is protected and where public data is open and readily accessible. Not surprisingly, greater wealth is associated with better scores on all the metrics. Yet, many industrialized countries are also struggling to govern the many different types and uses of data. The paper argues that data governance will be essential to development, and that donor nations have a responsibility to work with developing countries to improve their data governance.
  • Topic: Development, Economics, Governance, Data
  • Political Geography: Global Focus
  • Publication Date: 09-2019
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: The Centre for International Governance Innovation conducted consultations in the spring of 2019 with trade experts and stakeholders about options for modernizing the trade rules and strengthening the World Trade Organization (WTO). The consultations focused on the three themes of improving the WTO through monitoring of existing rules, strengthening and safeguarding the dispute settlement function, and modernizing the trade rules for the twenty-first century. This report synthesizes the results of the consultations.
  • Topic: International Cooperation, International Trade and Finance, World Trade Organization, Modernization
  • Political Geography: Global Focus
  • Author: Marsha Cadogan
  • Publication Date: 09-2019
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: IP rights are often presented as a contentious issue in the development discourse. Some view strong IP rights as an obstacle to domestic development by creating barriers to the use of intangible resources on favourable terms. Others view IP rights as a means to foster growth in domestic industries, encourage innovation and protect foreign firms in high-infringement jurisdictions. These differing global perspectives on whether and, if so, how, IP rights promote development in domestic and global economies often result in policies that are either conducive to development or are challenging as development aids. The SDGs make no explicit reference to IP. However, IP is implicit in either the achievement of the SDGs as a whole, or as an aspect of specific goals, such as innovation. This policy brief deals with the relevance of the SDGs to the creation, use, protection and management of IP in developed economies.
  • Topic: Development, Foreign Direct Investment, Sustainable Development Goals, Innovation, Industry
  • Political Geography: Global Focus
  • Author: Ghazaleh Jerban
  • Publication Date: 09-2019
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: The gender aspects of traditional knowledge (TK) protection highlight the important link between intellectual property rights, TK, women and sustainable development. Indigenous and local women’s TK is not only distinct and relevant, but also crucial for accomplishing the United Nations Sustainable Development Goals. National governments and international organizations dealing with TK should pay attention to gender aspects of the issue. Policies and initiatives that ignore gender aspects of TK can have serious implications for the survival and development of Indigenous and local communities and TK itself as a dynamic and living body of knowledge. The economic significance of TK and its trade value make it an enabler of sustainable development and women’s economic empowerment, especially in light of the World Trade Organization’s recent Declaration on Trade and Women’s Economic Empowerment.
  • Topic: Gender Issues, World Trade Organization, Sustainable Development Goals, Local, Indigenous
  • Political Geography: Africa, West Africa, Global Focus
  • Author: Andrew Walter
  • Publication Date: 10-2019
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: This paper explores the role of emerging-country members in the Basel process, a key aspect of the global financial standard-setting process. It argues that this process has been significantly more politically resilient than adjacent aspects of global economic governance, in part because major emerging countries obtain continuing “intra-club” benefits from participation within it. The most important of these are learning benefits, but status and sometimes influence over standard-setting outcomes can also be valuable. The paper outlines how these benefits could be enhanced to secure the ongoing resilience of global financial regulatory governance. It recommends some modest reforms to further improve the position of emerging countries in the process and to bolster its perceived legitimacy among members and non-member countries.
  • Topic: Economics, International Trade and Finance, Governance, Regulation
  • Political Geography: Global Focus
  • Author: Jonathan Kent
  • Publication Date: 10-2019
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: The World Refugee Council and the Aspen Ministers Forum co-hosted this working meeting to explore the integration of technology into the governance and lives of refugees and internally displaced persons (IDPs). One of the first of its kind, this multi-stakeholder event brought together representatives from the private sector and civil society as well as researchers and former political leaders to explore the challenges and opportunities in the use of technology and its potential to transform the global refugee system. This workshop’s participants discussed technology’s potential to mobilize political will and increase accountability, facilitate greater responsibility sharing, assist in mobilizing new funding sources and improve the efficiency of existing ones, as well as technology’s risks to the refugee system and individuals and how the risks can be mitigated. They also discussed how refugees and IDPs can be included in the development of these technologies and how major technological communities and hubs can transform themselves to reflect the diversity of these populations. Creating a foundation of shared understandings about how technology fits into the refugee and IDP field is the first step toward designing a more strategic and long-term vision.
  • Topic: Migration, Science and Technology, Refugee Issues, Humanitarian Crisis
  • Political Geography: Global Focus
  • Author: Idris Ademuyiwa, Pierre Siklos
  • Publication Date: 10-2019
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: Recent events have the potential to reverse the positive macroeconomic performance of the global economy and trigger a slowdown in both global growth and international trade. In particular, the implications of ongoing trade disputes that have undermined trust in the existing multilateral cooperation system and the incentive for countries to align with ongoing global policy coordination efforts. A compelling case for a mutually beneficial resolution of these tensions can be made by emphasizing the interdependence of the Group of Twenty (G20) economies — the G20 being the premier repository of international cooperation in economic and political matters. This study also considers the state of trade globalization, with an emphasis on the performance of the G20. The emergence of geopolitical risks (GPRs), that is, events that heighten tensions between countries and therefore threaten global economic performance, is an attempt to quantify the potential economic impact of the nexus between politics and economics. In the presence of heightened political risks, negative economic effects become more likely. Nevertheless, there is no empirical evidence investigating the links between the real economy, trade, the state of the financial sector, commodity prices and GPRs. Moreover, there is no evidence on these links that has a sample of countries that make up the G20. This paper begins to fill this gap. Relying on descriptive and statistical evidence, the conclusion is drawn that GPRs represent a significant factor that threatens global economic growth and economic performance, in the G20 countries in particular. Ultimately, however, GPRs reflect other factors, including threats stemming from trade tensions and large swings in commodity prices.
  • Topic: International Cooperation, International Trade and Finance, Economic growth, Multilateralism
  • Political Geography: Europe, Asia, South America, North America, Global Focus
  • Author: Bushra Ebadi
  • Publication Date: 11-2019
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: Young people aged 15 to 35 comprise one-third of the world’s population, yet they are largely absent from decision-making fora and, as such, unaccounted for in policy making, programming and laws. The disenfranchisement of displaced youth is a particular problem, because it further marginalizes young people who have already experienced persecution and been forcibly displaced. This paper aims to demonstrate the importance of including displaced youth in governance and decision making, to identify key barriers to engagement that displaced youth face, and to highlight effective strategies for engaging youth. Comprehensive financial, legal, social and governance reforms are needed in order to facilitate and support the meaningful engagement of youth in the refugee and IDP systems. Without these reforms and partnerships between youth and other diverse stakeholders, it will be difficult to achieve sustainable solutions for forcibly displaced populations and the communities that host them.
  • Topic: Migration, Refugee Issues, Displacement, Youth Movement , Humanitarian Crisis
  • Political Geography: Africa, Europe, Asia, South America, North America, Global Focus
  • Author: Cameron S. G. Jefferies
  • Publication Date: 11-2019
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: The high seas are a critical biodiversity reservoir and carbon sink. Unfortunately, the oceans, generally, and the high seas, in particular, do not feature prominently in international climate mitigation or climate adaptation efforts. There are, however, signals that ocean conservation is poised to occupy a more significant role in international climate law and policy going forward. This paper argues that improved conservation and sustainable use of high-seas living marine resources are essential developments at the convergence of climate action and ocean governance that should manifest, at least in part, as climate-informed high-seas marine protected areas.
  • Topic: Climate Change, Environment, Water, Maritime, Conservation
  • Political Geography: Africa, Europe, Asia, South America, Australia, North America, Global Focus
  • Author: Guy Marcel Nono
  • Publication Date: 11-2019
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: For more than a decade, there has been a lot of focus on how sustainable development relates to international investment law. The growing trend of including general and security exceptions clauses in international investment agreements (IIAs) has also been highlighted. However, the nexus between general IIAs and security exceptions and the achievement of the SDGs has not been explored.
  • Topic: Security, International Law, Sustainable Development Goals, Investment
  • Political Geography: Global Focus
  • Author: Andrew Walter
  • Publication Date: 11-2019
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: This special report explores the role of emerging-country members in the Basel process, a key aspect of global financial standard setting. It argues that this process has been significantly more politically resilient than adjacent aspects of global economic governance, in part because major emerging countries have perceived continuing “intra-club” benefits from participation within it. Most important among these are learning benefits for key actors within these countries, including incumbent political leaders. Although some emerging countries perceive growing influence over the international financial standard-setting process, many implicitly accept limited influence in return for learning benefits, which are valuable because of the complexity of contemporary financial systems and the sustained policy challenges it creates for advanced and emerging countries alike. The importance of learning benefits also differentiates the Basel process from other international economic organizations in which agenda control and influence over outcomes are more important for emerging-country governments. This helps to explain the relative resilience of the Basel process in the context of continued influence asymmetries and the wider fragmentation of global economic governance. The report also considers some reforms that could further improve the position of emerging countries in the process and bolster its perceived legitimacy among them.
  • Topic: International Trade and Finance, Financial Markets, Global Political Economy, Emerging States
  • Political Geography: Africa, Europe, Asia, South America, Australia, North America, Global Focus
  • Author: Kerryn Brent, Will Burns, Jeffrey McGee
  • Publication Date: 12-2019
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: After more than two decades of UN negotiations, global greenhouse gas emissions continue to rise, with current projections indicating the planet is on a pathway to a temperature increase of approximately 3.2°C by 2100, well beyond what is considered a safe level. This has spurred scientific and policy interest in the possible role of solar radiation management and carbon dioxide removal geoengineering activities to help avert passing critical climatic thresholds, or to help societies recover if global temperatures overshoot expectations of safe levels. Marine geoengineering proposals show significant diversity in terms of their purpose, scale of application, likely effectiveness, requisite levels of international cooperation and intensity of environmental risks. This diversity of marine geoengineering activities will likely place significant new demands upon the international law system to govern potential risks and opportunities. International ocean law governance is comprised of a patchwork of global framework agreements, sectoral agreements and customary international law rules that have developed over time in response to disparate issues. These include maritime access, fisheries management, shipping pollution, ocean dumping and marine scientific research. This patchwork of oceans governance contains several bodies of rules that might apply in governing marine geoengineering activities. However, these bodies of rules were negotiated for different purposes, and not specifically for the governance of marine geoengineering. The extent to which this patchwork of rules might contribute to marine geoengineering governance will vary, depending on the purpose of an activity, where it is conducted, which state is responsible for it and the types of impacts it is likely to have. The 2013 amendment to the London Protocol on ocean dumping provides the most developed and specific framework for marine geoengineering governance to date. But the capacity of this amendment to bolster the capacity of international law to govern marine geoengineering activities is limited by some significant shortcomings. Negotiations are under way to establish a new global treaty on conservation of marine biodiversity in areas beyond national jurisdiction, including new rules for area-based management, environmental impact assessments and capacity building/technology transfer. A new agreement has the potential to fill key gaps in the existing patchwork of international law for marine geoengineering activities in high-seas areas. However, it is also important that this new treaty be structured in a way that is not overly restrictive, which might hinder responsible research and development of marine geoengineering in high-seas areas.
  • Topic: Climate Change, Environment, International Law, United Nations, Green Technology, Geoengineering
  • Political Geography: Global Focus
  • Author: Jeff Crisp
  • Publication Date: 06-2018
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: Many commentators have suggested that the displacement of people across international borders is caused by a lack of “political will,” and that refugee situations could be averted, mitigated or resolved if only such will existed. However, there has been little serious analysis as to what “political will” means and how to generate and sustain it in a refugee context. This paper is an initial attempt to address these neglected issues. It begins by defining the notion of political will and then outlines the gap between the protection principles formally espoused by states and the ways in which they treat refugees and asylum seekers in practice. The paper then identifies the key ways in which political will can be mobilized on behalf of refugee protection and solutions, focusing on the humanitarian interests of political leaders, the obligations that states have assumed in relation to refugees, the incentives that can be used to encourage compliance with refugee protection principles and the pressure that can be placed on states by other stakeholders. Following an examination of interstate cooperation on refugee issues and the role of the UN Refugee Agency in promoting refugee protection and solutions, the paper concludes with a call for political will to be mobilized in a way that is evidence-based, geographically differentiated, inclusive of other actors, and sensitive to the situation of other people who are on the move and whose rights are also at risk.
  • Topic: Migration, Refugee Crisis, Displacement, Humanitarian Crisis
  • Political Geography: Global Focus
  • Author: Robert Muggah, Adriana Erthal Abdenur
  • Publication Date: 07-2018
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: Today, more than 60 percent of all refugees and 80 percent of all internally displaced persons are living in urban areas. While cities are periodically overwhelmed by sudden mass influxes of forced migrants, they are remarkably effective at absorbing populations on the move. With some exceptions, the international community — the UN Refugee Agency, in particular — has been slow to empower cities to assume a greater role in protecting, assisting and promoting durable solutions for refugees, asylum claimants and other groups of concern. New compacts on migration and refugees only tangentially address cities’ pivotal role in shaping the experience of forced migrants. Instead, cities are developing solutions on their own. This paper assesses the characteristics of the urban displacement crisis and identifies challenges and opportunities confronting cities, challenging myths associated with the “refugee burden” and offering preliminary recommendations for stepping up international, national and municipal cooperation.
  • Topic: Migration, United Nations, Refugee Issues, Urban, Asylum
  • Political Geography: Global Focus
  • Author: Ryerson Neal
  • Publication Date: 07-2018
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: Participants from academia and various levels of government gathered in Ottawa to discuss the often underappreciated interplay between the international climate agenda and the global trade system. The trade system has traditionally supported open flows of goods and services by disciplining tariffs, as well as trade-distorting subsidies and regulations. But there is an emerging tension between this approach and the desire of governments to address climate change through potentially trade-distorting domestic regulations and green subsidies. The challenge for policy makers is how to maintain relatively free, undistorted trade, while still giving countries sufficient policy space to implement effective measures to combat climate change.
  • Topic: Climate Change, Environment, Regulation, Green Technology, Free Trade
  • Political Geography: Global Focus
  • Publication Date: 07-2018
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: Worldwide, the internet and the increasingly important social media and content applications and platforms running on it have assumed an extraordinary and powerful role in people’s lives and become defining features of present-day life. This global digital ecosystem has created immeasurable benefits for free expression, social and cultural exchange, and economic progress. Yet, its impacts, and the easy access to content it provides, have not all been either foreseeable or desirable, as even a cursory scan of the daily news will show. In this environment, the Global Digital Policy Incubator at Stanford University and the Centre for International Governance Innovation, in cooperation with the Department of Canadian Heritage, invited government, business, academic and civil society experts to an international working meeting in March 2018 to explore governance innovations aimed at protecting free expression, diversity of content and voices, and civic engagement in the global digital ecosystem. One of the goals was to bring different players and perspectives together to explore their similarities within a comparative public policy context. This publication reports on the meeting’s discussion as participants sought innovative approaches to deal with both present and emerging challenges, without impeding the creativity and benefits that the internet can bring.
  • Topic: Civil Society, Governance, Digital Economy, Engagement
  • Political Geography: Global Focus
  • Author: James A. Haley
  • Publication Date: 08-2018
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: This paper reviews the concept of fiscal space, or the capacity to deploy fiscal stimulus should it be needed; identifies the key factors that determine its size; and discusses considerations relevant to its use. The paper is motivated by the remarkably rapid mobilization of fiscal stimulus in the 2008-2009 global financial crisis, coordinated by the International Monetary Fund (IMF), which was followed by the equally remarkable rapid adoption of austerity in key advanced economies. This switch from stimulus to austerity occurred despite the languid pace of the global recovery, in which growth was, as subsequently described by IMF Managing Director Christine Lagarde, “too low, for too long.” At the time, the change was justified in terms of concerns over large debt burdens and diminished capacity for future action. Curiously, however, the principled voices defending the interests of future generations were silent with respect to more recent tax cuts and the adoption of higher budgeted spending.
  • Topic: Budget, Fiscal Policy, IMF, Stimulus
  • Political Geography: Global Focus
  • Author: Aldo Chicop, Meinhard Doelle, Ryan Gauvin
  • Publication Date: 09-2018
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: This report investigates the international law and policy challenges to the determination of the international shipping industry’s contribution to climate change mitigation efforts through the International Maritime Organization (IMO), a specialized agency of the United Nations and the competent international organization with respect to shipping in international law. The report sets out the international legal framework that serves as the context for the IMO initial strategy, the challenge of regulating greenhouse gas (GHG) emissions from international shipping, and the process and issues in determining the industry’s “fair share” of mitigation efforts and potential legal pathways. The report concludes with general, policy and legal considerations that have a bearing on the current and possible future directions of the nascent IMO strategy. General considerations include the observation that the complexity and uncertainty underscoring the development of the IMO strategy call for a long-term planning instrument that is integrated and systemic in scope, flexible in approach and adaptive in application. As other regimes and sectors progress in developing and delivering on mitigation efforts, care should be exercised in considering lessons and tools from other sectors for application to shipping, given its uniqueness and that other sector experiences emanate from different contexts and considerations. Given continuing significant differences on GHG issues in the IMO, it is vital for the long-term IMO strategy to be advanced and maintained on the basis of the culture of consensus that has helped shape the IMO as a successful regulatory body.
  • Topic: International Law, United Nations, Policy Implementation, IMF, Shipping
  • Political Geography: Global Focus
  • Author: Sarah Miller
  • Publication Date: 09-2018
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: Generally speaking, those who study forced migration and those who advocate for solutions to forced migration spend little time studying xenophobia. This paper has aimed to address that gap by examining xenophobia in the context of refugees, first by considering definitions of xenophobia vis-à-vis other terms, including racism and nativism, and next by looking at the roots of xenophobia, which include not only political, social and economic grievances and uncertainty but also competition for scarce resources and the belief that one’s own nation-state or group is superior to others. The paper then reviews some expressions of xenophobic rhetoric and actions, and their impacts, before considering key issues and challenges in overcoming xenophobia. Looking at successful attempts in combatting xenophobia provides lessons for those engaged in research and advocacy. Recommended actions include holding governments more accountable for their failures to protect people’s rights; identifying and fighting against policies that incentivize xenophobic behaviour; recognizing that pro-migrant programming can backfire; identifying political actors who promulgate xenophobia and choosing interventions carefully; and seeking greater collaboration and creativity among different actors working to combat xenophobia. The use of localized approaches emerges from the literature as particularly important. The backdrop of the UN Refugee Agency’s global compacts on refugees and for migration makes the moment ripe for further discussion on how to reduce xenophobia and increase responsibility sharing in refugee situations. Likewise, the prominence of political regimes that draw on xenophobic rhetoric and even encourage xenophobic actions means that finding new ways to reduce xenophobia is more important than ever.
  • Topic: Migration, United Nations, Refugee Issues, Xenophobia
  • Political Geography: Global Focus
  • Author: Cally Jordan
  • Publication Date: 09-2018
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: As a response to multiple financial shocks, international standards have disappointed. Consensus seeking has stifled innovation, perpetuating outdated regulatory concepts at a time of rapid market change. Markets are complex and idiosyncratic; they may not be receptive to efforts toward producing regulatory harmonization and convergence. Alternatives to international standard setting should be explored. Possibilities include fora for experimentation in capital markets regulation, the creation of a set of variegated model capital markets laws and a “restatement”-like treatise.
  • Topic: Markets, Financial Crisis, Regulation, Capitalism
  • Political Geography: Global Focus
  • Author: Markus Gehring
  • Publication Date: 09-2018
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: Economic, environmental and other international regimes are jointly facing a wicked climate problem. Climate change impacts on human activity and ecosystems have the potential to jeopardize attaining shared goals of these different regimes, and yet can only be addressed by overcoming the division and occasional conflict between their different stakeholders and areas of focus. Discussions have begun in the hallways on how trade law could best be leveraged to bring the international community together to prevent climate-related harms. This paper argues that World Trade Organization (WTO) fisheries subsidies negotiations should be a priority area for those practitioners and researchers building links between trade and climate law. It is submitted that successful fisheries subsidies reform will directly contribute to the implementation of the Paris Agreement and to the delivery of Sustainable Development Goal (SDG) 13 (“Take urgent action to combat climate change and its impacts”), given the important synergies that exist between the transformation of fisheries subsidies and climate mitigation and adaptation. Furthermore, fisheries subsidies negotiations are of crucial importance for international climate law because they can provide a case study to learn from and increase chances of success with fossil fuel subsidy reform. This paper provides a brief historical overview of trade law negotiations aiming to reduce and reform fisheries subsidies, and shows the important synergies that exist between reforming fisheries subsidies and implementing the Paris Agreement as well as the SDGs. The paper then extracts five drivers for success that can be observed from the current process of fisheries subsidies reform: leadership of key countries and of the WTO Secretariat itself; meticulous academic, scientific and policy background analysis; commitment by civil society and the private sector; the development of alternatives to those subsidies that encourage overfishing; and inter-regime learning. Lastly, the paper discusses the transferability of these drivers for success to prevent climate harms and to address more general challenges encountered in both the climate and trade regimes.
  • Topic: Climate Change, Environment, World Trade Organization, Maritime, Fishing
  • Political Geography: Global Focus
  • Author: Steven L. Schwarcz, Maziar Peihani
  • Publication Date: 09-2018
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: Excessive corporate risk taking by systemically important financial institutions (SIFIs) is widely seen as one of the primary causes of the global financial crisis. In response, an array of international reforms, under the auspices of the Group of Twenty’s (G20’s) standard-setting bodies, has been adopted to try to curb that risk taking. However, these reforms only impose substantive requirements, such as capital adequacy, and cannot by themselves prevent future systemic collapses. To complete the G20 financial reform agenda, SIFI managers should have a duty to society (a public governance duty) not to engage their firms in excessive risk taking that leads to systemic externalities. Regulating governance in this way can help supplement the ongoing regulatory reforms and reduce the likelihood of systemic harm to the public.
  • Topic: Financial Crisis, Reform, Regulation, Risk, Financial Institutions
  • Political Geography: Global Focus
  • Author: Zachary Folger-Laronde, Olaf Weber
  • Publication Date: 09-2018
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: As the impacts of climate change continue to grow in severity, focus has turned toward the climate change implications associated with the products and services of the financial sector. It is estimated that the indirect carbon emissions, which are caused in the financial sector by borrowers, investees and financed projects, are 50 to 200 times larger than the direct impacts of the financial sector. It is evident that a decarbonization strategy is needed for more than the fossil fuel industry and will require significant changes to most economic sectors. This added focus toward the financial sector has led to demands for enhanced disclosure of climate change information with regard to financed clients and projects. However, there remains limited guidance in how the financial sector should disclose its carbon performance to its shareholders and stakeholders. This paper reviews the highlights from an empirical study that investigated the types of carbon performance voluntarily disclosed by banks and the type of carbon impact emissions disclosed. Policy recommendations are made that aim to facilitate and standardize disclosures.
  • Topic: Climate Change, Finance, Fossil Fuels, Carbon Emissions
  • Political Geography: Global Focus
  • Author: Susan Ariel Aaronson
  • Publication Date: 11-2018
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: Companies, governments and individuals are using data to create new services such as apps, artificial intelligence and the Internet of Things. These data-driven services rely on large pools of data and a relatively unhindered flow of data across borders (few market access or governance barriers). The current approach to governing cross-border data flows through trade agreements has not led to binding, universal or interoperable rules governing the use of data. Most countries with significant data-driven firms are in the process of debating how to regulate these services and the data that underpins them. But many developing countries are not able to participate in that debate. Policy makers must devise a more effective approach to regulating trade in data for four reasons: the unique nature of data as an item exchanged across borders; the sheer volume of data exchanged; the fact that much of the data exchanged across borders is personal data; and the fact that although data could be a significant source of growth, many developing countries are unprepared to participate in this new data-driven economy and to build new data-driven services. This paper begins with an overview and then describes how trade in data is different from trade in goods or services. It then examines analogies used to describe data as an input, which can help us understand how data could be regulated. Next, the paper discusses how trade policy makers are regulating trade in data and how these efforts have created a patchwork. Finally, it suggests an alternative approach.
  • Topic: Digital Economy, Internet, International Community
  • Political Geography: Global Focus
  • Author: James Bacchus
  • Publication Date: 12-2018
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: Neither the trade regime nor the climate regime has so far displayed any willingness to confront the coming clash between climate ambitions and trade rules. To minimize the economic and political risks of such a collision, the members of the World Trade Organization (WTO) should adopt a WTO climate waiver. To further carbon pricing and to facilitate the necessary green transition in the global economy, the core of a WTO climate waiver should be a waiver from the applicable trade rules for national measures that: discriminate on the basis of carbon and other greenhouse gases used or emitted in making a product; fit the definition of a climate response measure as defined by the United Nations Framework Convention on Climate Change; and do not discriminate in a manner that constitutes a means of arbitrary or unjustifiable discrimination or a disguised restriction on international trade. A WTO climate waiver should also include support for trade restrictions by carbon markets and climate clubs, trade disciplines on fossil fuel subsidies, and green subsidies that support innovative outcomes rather than particular technologies. Along with a climate waiver, WTO members should also confirm that carbon taxes qualify as border tax adjustments under trade rules. The adoption of a WTO climate waiver is a central and critical part of the overall reimagining of international trade law that is needed to fulfill the stated WTO goal of engaging in trade and other economic endeavours consistently with the objectives of sustainable development.
  • Topic: Climate Change, International Trade and Finance, World Trade Organization, Green Technology
  • Political Geography: Global Focus
  • Author: Freedom-Kai Phillips
  • Publication Date: 12-2018
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: Participation of “non-party stakeholders” in the work of the United Nations Framework Convention on Climate Change (UNFCCC) was affirmed in the decision adopting the Paris Agreement and flagged in the preamble of the agreement itself. This paper discusses the current approaches to stakeholder participation under the UNFCCC and explains concerns regarding the existing model.
  • Topic: Climate Change, United Nations, Green Technology
  • Political Geography: Global Focus
  • Author: Jacqueline Lopour
  • Publication Date: 03-2016
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: Humanitarian crises across the world are the worst since World War II, and the situation is only going to get worse. According to the UN Refugee Agency (UNHCR), almost 60 million people worldwide have been forcibly displaced from their homes — that is approximately one in every 123 people on the planet (UNHCR 2016a). The problem is growing, as the number of those displaced is over 60 percent greater than the previous decade. As a result, UN Secretary-General Ban Ki-moon has announced the first ever World Humanitarian Summit to be held May 23-24, 2016. The world’s attention is focused on the Syrian refugee crisis, which has displaced 11 million people. But in doing so, the global community has lost sight of an equally severe humanitarian and displacement crisis — the situation in Yemen. Yemen now has more people in need of aid than any other country in the world, according to the UNOCHA Global Humanitarian Overview 2016. An estimated 21.2 million people in Yemen — 82 percent of the population — requires humanitarian aid, and this number is steadily growing (UNOCHA 2016a).
  • Topic: Conflict Resolution, Development, Human Rights, Humanitarian Aid, Poverty, War, Refugee Issues
  • Political Geography: Yemen, Global Focus
  • Author: Emily Taylor
  • Publication Date: 01-2016
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: The Internet enables the free flow of information on an unprecedented scale but to an increasing extent the management of individuals’ fundamental rights, such as privacy and the mediation of free expression, is being left in the hands of private actors. The popularity of a few web platforms across the globe confers on the providers both great power and heavy responsibilities. Free-to-use web platforms are founded on the sale of user data, and the standard terms give providers rights to intrude on every aspect of a user’s online life, while giving users the Hobson’s choice of either agreeing to those terms or not using the platform (the illusion of consent). Meanwhile, the same companies are steadily assuming responsibility for monitoring and censoring harmful content, either as a self-regulatory response to prevent conflicts with national regulatory environments, or to address inaction by states, which bear primary duty for upholding human rights. There is an underlying tension for those companies between self-regulation, on the one hand, and being held accountable for rights violations by states, on the other hand. The incongruity of this position might explain the secrecy surrounding the human systems that companies have developed to monitor content (the illusion of automation). Psychological experiments and opaque algorithms for defining what search results or friends’ updates users see highlight the power of today’s providers over their publics (the illusion of neutrality). Solutions could include provision of paid alternatives, more sophisticated definition and handling of different types of data — public, private, ephemeral, lasting — and the cooperation of all stakeholders in arriving at realistic and robust processes for content moderation that comply with the rule of law.
  • Topic: Conflict Resolution, Human Rights, Human Welfare, Science and Technology, Governance
  • Political Geography: Global Focus
  • Author: Nigel Shadbolt, Wendy Hall, Keiron O'Hara
  • Publication Date: 03-2016
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: In May 2014, the world of privacy regulation, data handling and the World Wide Web changed dramatically as a result of judgment C-131/12 in the CJEU. The so-called Google Spain decision confirmed that EU data protection legislation gives data subjects the right to request search engines to de-index webpages that appear in the search results on their names. The search engine is not obliged to agree to such requests — certain conditions have to be met and tests applied — but it is not free simply to ignore them. The decision drew on the 1995 DPD2 and the Charter of Fundamental Rights of the European Union, and is consistent with a general direction toward more aggressive protection of privacy rights in Europe, as evidenced by the annulment of the Data Retention Directive, also in 2014 (CJEU 2014). Nevertheless, despite these antecedents, it has been seen as a major step in establishing a right to be forgotten.
  • Topic: Science and Technology, Communications, Mass Media, Global Markets, Information Age, Digital Economy, Privacy
  • Political Geography: United States, Global Focus
  • Author: Bertrand de la Chapelle, Paul Fehlinger
  • Publication Date: 04-2016
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: The past 20 years have witnessed a profound change in the types of non-resident investors who provide funding to emerging market economies (EMEs) and the financial instruments through which emerging market (EM) corporations borrow from abroad. Until the beginning of the new millennium, private capital flows to EMEs were mainly intermediated by large global banks, and EMEs were subjected to massive volatility in their external payments balances, exchange rates and domestic financial systems. But since the early 2000s the role of bank-intermediated credit has declined, as the base of investors willing to take on exposure to EM corporate debt has become much larger and more diverse. These structural changes have encouraged a vast growth in flows of funds, not only from the mature economies to EMEs as a group, but also among EMEs themselves.
  • Topic: Debt, Economics, Emerging Markets, International Trade and Finance, Financial Crisis
  • Political Geography: Global Focus
  • Author: John Whalley, Daqing Yao
  • Publication Date: 03-2016
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: The effects of the termination of the Multifibre Arrangement (MFA) on the trade of clothing and textiles are assessed in this paper, based on world trade date and US trade data. The findings from the data analyzed indicate that the effects of the termination of the MFA on the clothing trade was more significant for clothing than for the textiles trade. With the end of the MFA, the freer trade in these sectors shed light on other sectors that are still protected under trade agreements.
  • Topic: International Trade and Finance, Markets, Treaties and Agreements, Regulation
  • Political Geography: Global Focus
  • Publication Date: 02-2016
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: This paper analyzes the impact of four major financial sector sustainability codes of conduct, the UN Environmental Programme Finance Initiative, the UN Principles for Responsible Investment, the Equator Principles and the Global Alliance for Banking on Values with regard to their impact on the sustainability of their members. The codes of conduct focus on the integration of environmental, social and governance criteria into financial decision making in lending, investment, asset management and project finance. corporate sustainability voluntary codes of conduct have a positive impact on their members. The effectiveness, however, depends on the quality and content of a code, as well as on implementation and compliance mechanisms.
  • Topic: Economics, International Trade and Finance, Markets, United Nations, Ethics
  • Political Geography: Global Focus
  • Author: Malcolm D. Knight
  • Publication Date: 03-2016
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: The past 20 years have witnessed a profound change in the types of non-resident investors who provide funding to emerging market economies (EMEs) and the nancial instruments through which emerging market (EM) corporations borrow from abroad. Until the beginning of the new millennium, private capital ows to EMEs were mainly intermediated by large global banks, and EMEs were subjected to massive volatility in their external payments balances, exchange rates and domestic nancial systems. But since the early 2000s the role of bank- intermediated credit has declined, as the base of investors willing to take on exposure to EM corporate debt has become much larger and more diverse. These structural changes have encouraged a vast growth in ows of funds, not only from the mature economies to EMEs as a group, but also among EMEs themselves.
  • Topic: International Political Economy, International Trade and Finance
  • Political Geography: Global Focus
  • Author: Hugo Perezcano
  • Publication Date: 04-2016
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: Investor-state arbitration (ISA) has been a controversial topic and a source of criticism and debate for quite some time. Yet, it continues to be a standard feature of modern international investment agreements (IIAs). While opposition to ISA has traditionally come from certain sectors of civil society, there appears to be a growing discomfort now among states as well. Some critics suggest that ISA is unnecessary and should be left out of IIAs altogether. Others argue that it may be needed in IIAs between developed nations that are mostly capital exporters, on the one hand, and developing countries that require foreign capital to promote development, on the other, but that it is unwarranted in IIAs that developed countries enter into among themselves. They reason that developed countries have robust legal frameworks and institutions, including responsive judiciaries, that adequately protect private investment and, therefore, ISA can safely be omitted from such IIAs without any detriment to foreign investors or their investments. This paper addresses some of the aws in the arguments that have been advanced in support of this position, as well as some of its implications, especially the reaction that might be expected from developing countries if developed countries were to back away from ISA in their dealings with other developed nations but continue to demand its inclusion in their agreements with developing countries.
  • Topic: International Political Economy, International Trade and Finance
  • Political Geography: Global Focus
  • Author: James A. Haley
  • Publication Date: 04-2016
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: This paper reviews a range of issues associated with proposals for creditor engagement clauses (CECs) in sovereign bond contracts. CECs have moved onto the international policy agenda in the wake of the recent introduction of model “second-generation” collective action clauses (CACs) designed to address problems highlighted by the protracted litigation between Argentina and its holdout creditors. Speci cally, the new CACs should limit the ability of holdout creditors to impede restructurings acceptable to a supermajority of creditors and address the problematic interpretation of pari passu language that has plagued the Argentina debt restructuring. However, the introduction of these clauses, building on the foundation laid a decade ago by Mexico’s innovation of rst-generation CACs, has led some observers to express concerns that the sovereign debt restructuring playing eld has become “tilted” to the bene t of sovereign borrowers. Recent contractual innovations should be balanced, these experts contend, with CECs requiring sovereign issuers to convene and negotiate with creditor committees.
  • Topic: International Security, Digital Economy
  • Political Geography: Global Focus
  • Author: Jorge L Contreras
  • Publication Date: 04-2016
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: In recent years, high-pro le lawsuits involving standards- essential patents (SEPs) have made headlines in the United States, Europe and Asia, leading to a heated public debate regarding the role and impact of patents covering key interoperability standards. Enforcement agencies around the world have investigated and prosecuted alleged violations of competition law and private licensing commitments in connection with SEPs. Yet, while the debate has focused broadly on standardization and patents in the information and communications technology (ICT) sector, commentators have paid little attention to differences among technology layers within ICT. A review of case statistics shows that patent ling and assertion activity is substantially lower for Internet- related standards than for standards relating to telecommunications and other computing technologies. This paper analyzes historical and social factors that may have contributed to this divergence, focusing on the two principal Internet standards bodies: the Internet Engineering Task Force (IETF) and the World Wide Web Consortium (W3C). It offers a counternarrative to the dominant account portraying standards and SEPs as necessarily fraught with litigation and thereby in need of radical systemic change. Instead, it shows how standards policies that de-emphasize patent monetization have led to lower levels of disputes and litigation. It concludes by placing recent discussions of patenting and standards within the broader context of openness in network technologies and urges both industry participants and policy makers to look to the success of Internet standardization in a patent-light environment when considering the adoption of future rules and policies.
  • Topic: Science and Technology, International Security, Information Age
  • Political Geography: Global Focus
  • Author: James M. Boughton
  • Publication Date: 04-2016
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: Economic con ict between nation-states has been a major concern throughout the past century and will continue to threaten progress for the foreseeable future. The language evolves, but the issues persist. The “beggar-thy-neighbour” policies and “competitive devaluations” that aggravated the Great Depression of the 1930s have become the “currency wars” of the twenty- rst century. De ning the problem, however, is easy compared with the task of solving it. A central recurring question is whether policy makers can — and should — cooperate and try to coordinate their policies in an effort to alleviate con icts and improve outcomes.
  • Topic: International Cooperation, International Political Economy, International Development
  • Political Geography: Global Focus
  • Author: Marc Lalonde
  • Publication Date: 05-2016
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: I have rarely seen, in my long life, a change as unjustified as the one represented by the new investment tribunal structure now found in the agreed text of the Comprehensive Economic and Trade Agreement (CETA) between Canada and the European Union. First of all, it is a poor solution based on a faulty premise. It is the result of an ill-informed but obviously effective campaign by mainly European lobbies[1] and some groups in the European Parliament, which have argued, without proper quantitative or qualitative support, that the present system is biased in favour of foreign investors. If this were the case, how can they explain that, according to the latest statistics from the International Centre for Settlement of Investment Disputes (ICSID), only 46 percent of all ICSID awards upheld (in part or in full) investors’ claims, while 53 percent of the claims were dismissed for lack of jurisdiction or on the merits, and another one percent were rejected as manifestly without legal merit.[2] Similarly, in its 2014 World Investment Report, the United Nations Conference on Trade and Development (UNCTAD) came to the conclusion that, out of 274 concluded investment treaty cases in 2013, 43 percent were decided in favour of the state, 31 percent in favour of the investor and 26 percent were settled.[3]
  • Topic: International Political Economy, International Trade and Finance
  • Political Geography: Global Focus
  • Author: Bethlehem Daniel, Michael Gordon
  • Publication Date: 08-2015
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: According to the International Organization for Migration, female migrants constituted approximately 50 percent of the share of the total migrant stock in 2013. The feminization of migration is an ongoing cross-border phenomenon that requires both attention and cooperation to minimize risk and increase protection for vulnerable populations. With women amounting to half of the number of global migrants, migration and gender can no longer be seen as separate silos in policy. Gender mainstreaming must be injected into high-level dialogue to reduce vulnerability and enhance human rights. This brief examines the problems associated with human trafficking, and identifies legislative and legal gaps in anti-trafficking policy through a compliance analysis of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). In order to facilitate gender mainstreaming efforts, member states party to CEDAW are encouraged to ensure that national anti-trafficking policies comply with CEDAW and adopt a rights-based approach to combatting human trafficking through the entrenchment of CEDAW principles in national legislation.
  • Topic: Gender Issues, Human Rights, International Law, Migration
  • Political Geography: Global Focus
  • Author: Isabelle Duchane, Kateryna Dzaha, James Supeene
  • Publication Date: 07-2015
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: The absence of an effective international regime for cross-border resolution of financial firms led to the disorderly failure of a number of global banks during the global financial crisis, at a high cost to taxpayers and global financial stability. Many jurisdictions still lack sufficient resolution powers and arrangements for cross-border cooperation. This brief proposes that the Financial Stability Board’s Key Attributes of Effective Resolution Regimes for Financial Institutions should be fully implemented within the Group of Twenty (G20) and expanded to include non-G20 states. The FSB should develop a series of model laws on cross-border resolution and endorse a multilateral memorandum of understanding containing reciprocal commitments among the signatories.
  • Topic: International Trade and Finance, Financial Crisis, Reform, G20
  • Political Geography: Global Focus
  • Author: Samantha Bradshaw
  • Publication Date: 12-2015
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: This paper examines the role of computer security incident response teams (CSIRTs) in the emerging cyber regime complex and asks what might be driving the lack of trust and information sharing within the community. ThePow commercialization of cyber security and threat vulnerabilities, the Internet’s development as a new power domain, the growth of the CSIRT community and the emergence of a cyber regime complex are examined as factors that are giving rise to and exacerbating existing problems around information sharing and trust.
  • Topic: National Security, Science and Technology, International Security, Cybersecurity
  • Political Geography: Global Focus
  • Author: Basil Ugochukwu
  • Publication Date: 11-2015
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: Actions taken to mitigate and adapt to the adverse impacts of climate change must be centred on human rights. This paper analyzes a few examples of national, subnational and corporate climate change policies to show how they have either enshrined human rights principles, or failed to do so. It also examines the challenge of integrating human rights principles in climate change actions. Climate change policies, if they are to respect all human rights, must actually use human rights language to articulate adaptation or mitigation measures.
  • Topic: Climate Change, Development, Human Rights, Politics
  • Political Geography: Global Focus
  • Author: Maria Paniezi
  • Publication Date: 11-2015
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: Carbon taxes become relevant for international trade when they are coupled with border tax adjustment (BTA) legislation for imported products. BTAs are intended to level the playing field between domestic and foreign products, but such tax schemes, if not designed properly, can be found to violate a country’s international commitments before the World Trade Organization (WTO). This paper argues that environmentally conscious governments can impose a WTO-compatible BTA to offset domestic CO2 legislation, and that federal governments need to engage in coordinated efforts to harmonize treatment of high CO2 emitters domestically, since domestic industries will not bear the burden of environmental regulation alone.
  • Topic: Climate Change, Environment, International Trade and Finance, World Trade Organization
  • Political Geography: Global Focus
  • Author: James Hinton, Kent Howe
  • Publication Date: 04-2015
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: This report outlines the impetus behind the Centre for International Governance Innovation (CIGI) International Intellectual Property Law Clinic, which operated for three months in 2014. It consisted of a partnership among the CIGI International Law Research Program (ILRP), Communitech (the Region of Waterloo’s hub for commercialization of innovative technologies) and leading intellectual property (IP) law firms. The report describes the new innovator’s commercialization dilemma — a multifaceted dilemma arising from lack of IP legal knowledge, lack of financial resources and the high costs associated with IP protection, all of which combine to place the new innovator in a vulnerable position at the early stages of their commercialization timeline. After briefly surveying the current environment for entrepreneurship-based clinics, the report describes the elements and structure of the CIGI clinic. The advantages for participating students as well as first-hand accounts of the benefits of the CIGI clinic are also detailed. Taking lessons learned from the CIGI clinic, the report illustrates how an IP-focused law clinic can help to address the commercialization dilemma. The report describes the manner in which IP clinics might be structured, while reviewing the associated benefits and challenges for each structure. The report also makes brief recommendations for governments, law societies, law schools and IP offices to support the provision of IP legal services through the law clinic model.
  • Topic: Environment, International Trade and Finance, Intellectual Property/Copyright, Governance, Entrepreneurship
  • Political Geography: Global Focus
  • Publication Date: 04-2015
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: On the occasion of the April 2015 Global Conference on Cyberspace meeting in The Hague, the Global Commission on Internet Governance calls on the global community to build a new social compact between citizens and their elected representatives, the judiciary, law enforcement and intelligence agencies, business, civil society and the Internet technical community, with the goal of restoring trust and enhancing confidence in the Internet. It is now essential that governments, collaborating with all other stakeholders, take steps to build confidence that the right to privacy of all people is respected on the Internet. This statement provides the Commission’s view of the issues at stake and describes in greater detail the core elements that are essential to achieving a social compact for digital privacy and security.
  • Topic: Security, Science and Technology, Communications, Mass Media, Governance, Digital Economy, Internet
  • Political Geography: Global Focus
  • Author: Richard Gitlin, Brett House
  • Publication Date: 07-2015
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: Recent international financial turmoil — most notably in Greece — has refocused attention on the risks posed by severe sovereign debt crises and weaknesses in our approaches to restructuring sovereign debt. Since early 2010, these risks have driven a range of debt-related policy proposals and actions in individual economies, across regions and at the international financial institutions. While some incremental first reform steps have been taken, these have not yet produced a more efficient, effective or resilient international framework for handling severe sovereign debt crises and effecting sovereign debt workouts. In contrast, some institutional and policy changes made in the heat of the euro-zone crisis have raised as many questions as they have resolved. Old policy ideas are also being resurrected and configured in new ways for current challenges. After years of substantial fiscal stimulus and exceptional monetary policies, high debt burdens across the advanced economies, fears of secular stagnation, signs of an imminent increase in US borrowing costs and deteriorating demographics together make a compelling case for concerted action to improve international arrangements for dealing with distressed sovereign debt.
  • Topic: Debt, Economics, Monetary Policy, Financial Crisis, Global Markets
  • Political Geography: Global Focus
  • Author: Barry Eichengreen, Domenico Lombardi , Malcolm D. Knight, Yu Yongding, Stephen G. Cecchetti, Diane De Gramont, Şebnem Kalemli-Özcan, Phillip R. Lane, Ugo Panizza, Viral V. Acharya
  • Publication Date: 09-2015
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: During 1999-2007, the international balance sheets of emerging economies grew stronger through a combination of current account surpluses, a shift from debt funding to equity funding, and the stockpiling of liquid foreign reserves. This risk-mitigating strategy improved the international financial standing of many emerging economies and helped these economies withstand the 2008-2009 global financial crisis. However, a combination of domestic and external factors has led to a partial reversal of this strategy, with some emerging economies accumulating significant external debt since 2010. Previewed by the May 2013 “taper tantrum,” there has been considerable speculation that a tightening of dollar-funding conditions and a macroeconomic slowdown in emerging economies may result in financial instability in some emerging economies.
  • Topic: Debt, Economics, Emerging Markets, International Trade and Finance, Financial Crisis, Global Markets
  • Political Geography: Global Focus
  • Author: Paul Martin, Thomas A. Bernes, Olaf Weber, Hongying Wang, Kevin Carmichael
  • Publication Date: 11-2015
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: On November 15-16, 2015, leaders of the world's major advanced and emerging economies will meet in Antalya, Turkey for the G20 summit. In this special report, CIGI experts present their perspectives and policy analysis on the key priorities facing the G20 at Antalya. The Right Honourable Paul Martin states that the multilateral institutions created to make globalization work should be a G20 priority. Thomas A. Bernes asks whether G20 leaders and the institutions that support them can articulate a “policy upgrade” that brings more credibility than last year’s Brisbane Action Plan. Olaf Weber argues that the next step for the G20 should be the development of policies and guidelines that help to manage climate change and financial risk in a prudential way. Hongying Wang examines China's rare opportunity as it assumes the presidency of the G20 to push for collective new thinking on how to establish a less fragmented and more coherent global framework for investment governance that balances the interests of different stakeholders. Finally, Kevin Carmichael suggests that the G20 should elevate gender balance to the top of its agenda.
  • Topic: Economics, Emerging Markets, Globalization, Governance, G20, Financial Markets, Turkey
  • Political Geography: Global Focus
  • Author: David Runnalls
  • Publication Date: 11-2015
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: The Paris Conference of the Parties (COP) 2015 is designed to produce the next round of climate change action. There are reasons to believe that the chances for success at the multilateral level are better now that they were before, but even under the most optimistic scenarios, Paris will not be the end of the negotiations. The Paris summit will be crucial to maintaining the momentum that has been building in the private sector and civil society on the issue of climate change. COP 21 has generated an enormous amount of public interest. Civil society actions both before and during the Paris meeting promise to be on a grand scale. In addition, COP21 has excited action from a number of other levels of government not normally seen at these events. Leaders of the IMF, the World Bank and the OECD have all stated that climate change is the principal economic issue facing the world this century. There is a growing realization among the world's economic decision makers that the shift to a low-carbon economy is not only a necessity, but also may be less costly than we believe. The need to identify both public and private financing solutions is the greatest hurdle facing the Paris COP. CIGI's climate change research is tackling the issue of financing sustainable development, in addition to how agreements can be reached by smaller countries, how to address the problems of the delayed benefits from mitigation, ways that China can exercise leadership in this arena, and how the world's financial institutions can help mobilize climate finance from the private sector.
  • Topic: Civil Society, Climate Change, Energy Policy, Environment, International Monetary Fund, World Bank, Regulation, Financial Markets, Climate Finance
  • Political Geography: Global Focus
  • Author: Andrew Sheng
  • Publication Date: 06-2015
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: Central banks, when purchasing financial assets, should consider selecting assets that will promote sustainability, including climate change mitigation and adaptation. During the 2008 financial crisis, central banks deployed unconventional means to rescue failing banks and insulate economies from depression. Their asset purchases have had strong social impacts, but traditionally, central banks have not explicitly factored social objectives into their decisions or evaluated their impacts beyond the narrow monetary domain. Social impact investing is consistent with a central bank’s mandate to maintain price stability, but those not yet ready to move in this direction should at least incentivize bankers and asset managers to invest in, or lend to, climate mitigation activities and low-emission growth, as well as support a financial transaction tax.
  • Topic: Climate Change, Energy Policy, Environment, Markets, Monetary Policy, Financial Markets
  • Political Geography: Global Focus
  • Author: Arunabha Ghosh, Anupama VijayKumar, Sudatta Ray
  • Publication Date: 10-2015
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: With halting progress in climate negotiations, there are growing calls for partnerships among self-selected pools of countries, in the expectation that they would facilitate consensus (among both developed and developing countries) and result in faster decision making. In critically examining such a claim, this paper asks: what kinds of partnerships could facilitate coordinated climate-related action across several countries? By focusing largely on technology partnerships (a key demand in climate negotiations), it examines characteristics of successful partnerships and the conditions under which they are created and sustained. While the motivations of existing partnerships are diverse, their functional scope has remained limited. A review of more than 30 initiatives reveals that very few had been designed to extend beyond sharing knowledge and some preliminary research and development activities. Even fewer had enlarged functional focus on actual transfer of equipment, joint production or extensive deployment mandates. The paper intensively analyzes the purpose, membership and governance of four partnerships. Drawing on their lessons, the paper identifies critical features — appropriate financing, leveraging capacity, flexible intellectual property rules and coordination across several institutions — which could become the foundation of new partnerships to deliver measurable action and possibly increase trust among negotiating parties.
  • Topic: Climate Change, Development, Energy Policy, Science and Technology, Intellectual Property/Copyright, Governance
  • Political Geography: Global Focus
  • Author: Susan Ariel Aaronson
  • Publication Date: 02-2015
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: Today, information is currency; it facilitates productivity, exchange, technology and trade. Information is also the building block of the digital economy (an economy based on digital technologies — products and services that facilitate the creation, storage, analysis and sharing of data and information). Although many countries are gaining expertise and market share, one country, the United States, dominates both the global digital economy and digital trade (commerce in products and services delivered via the Internet). The United States is also the key force behind efforts to develop a system of trade rules to govern cross-border information flows.
  • Topic: Economics, Science and Technology, Mass Media, Digital Economy
  • Political Geography: Global Focus