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2. Stakeholders’ Interest Relations in Korea’s Services Trade Liberalization: A Political Economy Analysis
- Author:
- June Dong Kim
- Publication Date:
- 11-2019
- Content Type:
- Working Paper
- Institution:
- Korea Institute for International Economic Policy (KIEP)
- Abstract:
- This paper seeks to analyze the major factors behind why each stakeholders in the legal, health, educational and audio-visual service sectors in Korea op-pose liberalization in a qualitative political economy context as well as to pro-vide alternative strategies for further liberalization in these four service sectors. In legal services, the foreign equity ceiling of 49 per cent for joint venture law firms may be lifted as long as the present regulation against the number of FLCs in a joint venture law firm exceeding the number of Korean lawyers is maintained. In health services, as a step-by-step approach, we can first con-sider a system where incorporated hospitals can be established and liquidated more freely by deregulating current limitations placed on the disposal of re-maining properties, while an overly distribution of dividends is restrained. In educational services, in order to deregulate limitations regarding the disposal of remaining properties, it will be necessary to enhance the transparency of management and operation of private schools. In this regard, allowing school foundations to take the form of a limited liability company could be considered, since they would then become subject to external financial audit. In audio-visual services, it will be necessary to improve monitoring and im-plementation of intellectual property rights as well as competition policy when considering further liberalization. The major factors compelling each stakeholder in the legal, health, educational and audio-visual services to oppose further liberalization can be summarized as a general mindset towards uniform equity and control, cultural factors pre-venting discussion on rational alternatives, insufficient government budget for universal services, lack of administrative capacity in policy implementation and monitoring, absence of a proper system to evaluate the quality of ser-vices, asymmetry of information, and persistence of acquired rents. In order to correctly identify and understand the nature of problems, the highest priority should be placed on reducing the mistrust among the con-stituents. This is because mistrust among the constituents acts as the most important impediment when attempting value-creating negotiation strategies among each of the stakeholders. Meanwhile, to build trust among all constit-uents, free flow of information works as an important factor. Therefore, the problems of mistrust and lack of free flow of information are the most important impediments to improve those constraints that were analyzed in the selected service sectors. In addition, they are interlinked with each other, so that dealing with these problems simultaneously is a rational solution. In order to accomplish this, it is utmost important to develop the capability of each constituent to allow them to interpret specific pieces of information without distortion. In this regard, upgrading research and educa-tion of economics also becomes imperative.
- Topic:
- Political Economy, Law, Economic Policy, and Trade Liberalization
- Political Geography:
- Asia and South Korea
3. The Integrity of Elections in Asia: Policy Lessons Applied
- Author:
- Kyle Lemargie and Silja Paasilinna
- Publication Date:
- 11-2018
- Content Type:
- Working Paper
- Institution:
- International Foundation for Electoral Systems
- Abstract:
- In response to a recent study by Max Grömping entitled The Integrity of Elections in Asia: Policy Lessons from Expert Evaluations, the International Foundation for Electoral Systems (IFES) produced a briefing paper with some examples of policy lessons applied in practice across Asia. IFES has worked in Asia for the past three decades supporting election management bodies, civil society and other electoral stakeholders in their efforts to promote electoral integrity.
- Topic:
- Law, Elections, Transparency, and Campaign Finance
- Political Geography:
- Asia
4. The Legal Aspects of the MH17 Disaster: What Next?
- Author:
- Emma Bakkum
- Publication Date:
- 06-2017
- Content Type:
- Working Paper
- Institution:
- Public International Law Policy Group
- Abstract:
- The most often discussed legal avenue is criminal law, under which individual perpetrators can be held accountable for the crimes they committed. Not only those directly responsible but also those who ordered, conspired to or aided and abetted the shooting down of MH17 can be held responsible. These individuals can be prosecuted both at the national level in domestic courts or at the international level, at the International Criminal Court (ICC) or a specially established tribunal. Criminal law, however, requires a high burden of proof. Not only needs to be proven that an individual has committed a criminal act but also that the individual did so with the required knowledge and intent, making it difficult to prosecute individuals. Under the circumstances of the MH17 situation, investigations are strenuous. Jeroen Akkermans, who was one of the first investigative journalists present at the crash site, underlined the problems with gathering evidence.
- Topic:
- Crime, Law, Legal Theory, and International Criminal Court (ICC)
- Political Geography:
- Europe, Malaysia, Ukraine, and Asia
5. Mapping Dilutions in a Central Law
- Author:
- Kanchi Kohli and Debayan Gupta
- Publication Date:
- 08-2016
- Content Type:
- Working Paper
- Institution:
- Centre for Policy Research, India
- Abstract:
- For the last two years, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has been in the eye of debate and discussed for the controversial changes the National Democratic Alliance (NDA) government had sought to bring about through ordinances. Even though fate of the amendments rests currently with the Joint Parliamentary Committee report, several states have already brought about changes through Rules under Section 109 of the Act. An examination of these state specific Rules reveals they are headed towards: Adopting the changes proposed in the ordinances amending the central law; Diluting the applicability of the progressive clauses like consent or SIA; Clarifying procedures for implementation at the state level. The United Progressive Alliance (UPA) government had replaced the Land Acquisition Act, 1894 with the newly enacted RFCLARR Act, 2013. Though critiqued for expanding the definition of public purpose to include the private sector, the new legislations had been welcomed by social movements, farmers groups and NGOs. This is primarily for the need for a Social Impact Assessment (SIA), the requirement for prior consent, food security provisions and clear compensation related provisions. What was also central to this discussion were the clauses which allow for unused land to be returned to original owners. The Rules framed by the States aim to make the process of land acquisition much simpler for investors. While certain States reduce the time period for the conducting of the SIA process or do away with it in its entirety, there are others who make reductions in the compensation award or modify the applicability of the retrospective clause. There are also States which directly adopt the provisions in the ordinance that aim to remove the requirement for consent from the land acquisition procedure. This working paper paper attempts to trace and analyse how the state governments have modified and built upon the central Act. It also looks briefly at litigation that has emerged especially around the applicability of the retrospective clause of the law, ie. which requires the return of unused land to original owners or reinitiating processes under the 2013 law.
- Topic:
- Development, Government, Law, Food Security, Land Law, and Social Policy
- Political Geography:
- South Asia, India, and Asia
6. Penalising Environmental Violations: An Analysis of The Ministry’s Proposal
- Author:
- Shibani Ghosh
- Publication Date:
- 01-2016
- Content Type:
- Working Paper
- Institution:
- Centre for Policy Research, India
- Abstract:
- In October 2015, the Ministry of Environment, Forest and Climate Change released a Draft Environment Laws (Amendment) Bill 2015 proposing amendments to the Environment (Protection) Act 1986 and the National Green Tribunal Act 2010. The stated objective of the Bill is to provide ‘effective deterrent penal provisions’ and to introduce the concept of monetary penalty. It also aims ‘to minimise the exercise of discretion and make an unambiguous framework’. This paper summarises the text of the Bill and analyses whether it will complement the environmental objectives the parent laws espouse. It discusses some of the major concerns relating to the proposed amendments under three broad themes: environmental damage and penalties, adjudicating authorities and rule making powers. It concludes that although penalties that effectively deter violators are certainly the need of the hour, the proposed amendments are unlikely to achieve this objective.
- Topic:
- Climate Change, Environment, Law Enforcement, Law, Legislation, and Deterrence
- Political Geography:
- South Asia, India, and Asia
7. Reforming the Liability Regime for Air Pollution in India
- Author:
- Shibani Ghosh
- Publication Date:
- 12-2015
- Content Type:
- Working Paper
- Institution:
- Centre for Policy Research, India
- Abstract:
- The recent uproar about the toxic levels of pollution in the country’s national capital region has once again brought to fore the failure of the regulatory and legal mechanisms in India to control air pollution. Despite an early legislative acknowledgment of the issues relating to air pollution, and regulatory mechanisms set up consequently, India has not been able to restrict the sharp upward trajectory of air pollution. While several issues with regard to the legal and regulatory regime governing air quality in the country deserve serious and urgent consideration, this paper focuses on one issue in particular – the liability regime for violation of air quality standards. The paper is divided into three parts. The first part discusses the relevant provisions of the law pertaining to liability - civil and criminal - for causing air pollution. The second part identifies three critical issues that have emerged in the current liability regime: (1) the Pollution Control Boards do not have the power to levy penalties; (2) criminal prosecution is not an effective solution; and (3) the National Green Tribunal Act does not provide complete relief. The third and final part of the essay proposes a way forward. It is suggested that the Pollution Control Boards need to be granted additional enforcement powers, and administrative fines for violations should be introduced, albeit with certain conditions.
- Topic:
- Environment, Health, Governance, Law Enforcement, Law, Reform, and Pollution
- Political Geography:
- South Asia, India, and Asia
8. Moving Forward with the Legal Empowerment of Women in Pakistan
- Author:
- Anita M. Weiss
- Publication Date:
- 05-2012
- Content Type:
- Working Paper
- Institution:
- United States Institute of Peace
- Abstract:
- The history of laws affecting women's rights and empowerment in Pakistan involves a com¬plex pattern of advances and setbacks, with the state's efforts to articulate a definition of women's rights complicated by the need to balance divergent views on the place of women in Pakistani society. After General Pervez Musharraf's 1999 coup, a number of factors, including international perceptions of Pakistan, brought women's rights, greatly curtailed by General Zia-ul-Haq's Islamization project, to the fore. Most critical among the changes to women's rights dur¬ing this period was the 2006 revision to the Hudood Laws, resulting in the Protection of Women Act. The incumbent Pakistan People's Party government has passed several important pieces of legislation continuing the progress for women's empowerment made under Musharraf. These new laws focus on sexual harassment at the workplace, antiwomen practices, and acid throwing. Additionally, the National Commission on the Status of Women has recently achieved elevated status. Despite these advancements, new legislation is needed to address ongoing challenges such as women's ability to control inherited land and human trafficking. If the Pakistani state is to make lasting improvements on these and other challenges facing the legal status of Pakistani women, it must find solutions that will not only benefit women in the country but create consensus among Pakistanis on the best and most achievable way to prioritize global rights for women while adhering to Islamic precepts.
- Topic:
- Gender Issues, Human Rights, Islam, Poverty, and Law
- Political Geography:
- Pakistan and Asia
9. The "Peoples' Congresses" in Russia: Failure or Success? Authenticity and Efficiency of Minority Representation
- Author:
- Alexander Osipov
- Publication Date:
- 08-2011
- Content Type:
- Working Paper
- Institution:
- European Centre for Minority Issues
- Abstract:
- This paper addresses the phenomenon of public fora which are designed to represent certain ethnic groups and are set up through popular vote. The academic and practical interest in such "congresses" results from the fact that over time it has been shown that these endeavors have: (1)proven to be viable and durable organization structures for about two decades; (2)secured flexibility in their establishment and functioning;(3) provided for mass participation in public discussions and voting; (4) avoided "identity trap" and most complexities related to setting qualifications and the selection of eligibility criteria for the participants; (5) been a bridge between minority activists and public authorities. At the same time, the real practical outcomes, the ability to act independently and visibility of the "congresses" on the political landscape are far from being obvious, and this raises questions about the reasons for such doubtful achievements and the very meaning of "representation" in such a context.
- Topic:
- Human Rights, Governance, Law, and Minorities
- Political Geography:
- Russia, Europe, and Asia