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1. Toward a Robust Architecture for the Regulation of Data and Digital Trade

Author:
Dan Ciuriak and Maria Piashkina
Publication Date:
04-2020
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
The rapid digital transformation occurring worldwide poses significant challenges for policy makers working within a governance framework that evolved over centuries. Domestic policy space needs to be redefined for the digital age, and the interface with international trade governance recalibrated. In this paper, Dan Ciuriak and Maria Ptashkina organize the issues facing policy makers under the broad pillars of “economic value capture,” “sovereignty” in public choice and “national security,” and outline a conceptual framework with which policy makers can start to think about a coherent integration of the many reform efforts now under way, considering how policies adopted in these areas can be reconciled with commitments under a multilateral framework adapted for the digital age.
Topic:
International Trade and Finance, Reform, Digital Economy, Multilateralism, and Digitization
Political Geography:
United States, China, Europe, Asia, and North America

2. Immaculate Deception: How (and Why) Bankers Still Enjoy a Global Rescue Network

Author:
Edward J. Kane
Publication Date:
07-2020
Content Type:
Working Paper
Institution:
Institute for New Economic Thinking (INET)
Abstract:
Dodd-Frank is an example of counterfeit reform. It is designed principally to benefit very big banks and it has helped these banks to increase their market share greatly during the last 10 years. The Act provides lesser and contradictory forms of costs and comfort to smaller US bankers and taxpayers, foreign bankers (especially the managers of Deutsche Bank), and foreign governments. Small bankers and taxpayers are encouraged to believe that the 2007-2009 US rescue of the world’s biggest banks was a one-time maneuver. But an opposite message is sent through the press as (with great fanfare) the industry absolves and congratulates ex-officeholders: (1) for having transferred massive amounts of subsidized support not just to stakeholders in US megabanks, but also to European bankers and governments, and (2) for keeping the subsidies flowing long past the panic’s expiry date. Genuine reform will require changes in fraud laws and an effort to post on a continuing basis the value of the safety-net subsidies individual megabanks enjoy.
Topic:
Government, Reform, Regulation, Finance, Global Financial Crisis, and Banking
Political Geography:
United States

3. Reforming Investor-State Arbitration by Recourse to the Domestic Courts of Host States

Author:
Armand de Mestral and Lukas Vanhonnaeker
Publication Date:
09-2019
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
In response to concerns raised about investor-state arbitration (ISA), different proposals for reform of this means of dispute settlement have been proposed. One such proposal is to entrust domestic courts with the resolution of investment disputes. Although opting for the resolution of investment disputes before domestic courts has led to some discussion about the advantages and difficulties of this approach, very few studies have analyzed the specificities of domestic regimes in this regard. Many questions remain unanswered, including whether foreign investors have, in practice, access to domestic courts in the host state and whether the remedies available domestically are comparable to those available in ISA. In an attempt to answer some of these questions, a questionnaire was prepared and answered by respondents in 17 countries, in addition to Canada, from different regions of the world.
Topic:
Reform, Democracy, Legal Theory, and Investment
Political Geography:
United States, Canada, South America, North America, Mexico, and Peru

4. Theocracy vs Constitutionalism in Japan: Constitutional Amendment and the Return of Pre-war Shinto Nationalism

Author:
Naoko Kumada
Publication Date:
05-2018
Content Type:
Working Paper
Institution:
Centre for Non-Traditional Security Studies, S. Rajaratnam School of International Studies
Abstract:
This paper offers an understanding of the scope, nature, and context of constitutional change being proposed in Japan today, in internal terms rather than through external reconstruction. Rather than being a mere reaction to “external circumstances”, as portrayed by its apologists and by “realist/rational-reconstructionist” analysis, the movement to amend and replace the Constitution is a project with a history, underpinned by a worldview and driven by an ideology that provide it with its own momentum. The most overlooked aspect of the movement is religion. From the Meiji Restoration until the end of the War, Japan was governed through a religio-political system based on a newly invented State Shintoism. The scope and intent of today’s movement to amend/replace the Constitution cannot be understood without this background in mind. Failure to account for the ideological, cultural, historical, and indeed the constitutional dimensions of the issue seriously underplays the stakes for Japan and its neighbours. The constitutional movement is part of a multi-generational project to restore what its leaders declare to be the “true shape of Japan”, with the pre-war religious ideology and constitutional form that they deem to have been unjustly replaced by the US occupation administration after Japan’s defeat.
Topic:
Imperialism, Reform, Constitution, and Domestic Politics
Political Geography:
United States, Japan, Asia, and Asia-Pacific

5. The #FreeKesha Movement: Individual Rights & Corporate Responsibilities

Author:
Eli Banghart
Publication Date:
04-2017
Content Type:
Working Paper
Institution:
Center on Human Rights Education, University of Denver
Abstract:
The human rights laws in the realm of rape within the United States have come under higher scrutiny recently. Perhaps most notably, the case of pop-singer Kesha (formerly known as Ke$ha, real name Kesha Rose Seibert) against producer Dr. Luke. The singer wishes to be released from her contract that requires six albums with Dr. Luke’s work featured in at least six songs per album. An appeal for a legal injunction was denied on 19 February 2016, striking rallying movements under the #FreeKesha tagline and an outpouring of celebrity support. This case’s impact has moved beyond Kesha, in her own words, turning into a movement against staying silent towards abusers.
Topic:
Gender Issues, Human Rights, Reform, and Sexual Violence
Political Geography:
United States and North America

6. How to Reverse Five Years of Failure on Bahrain

Author:
Human Rights First
Publication Date:
02-2016
Content Type:
Working Paper
Institution:
Human Rights First
Abstract:
On the fifth anniversary of the mass protests in Bahrain that threatened to bring down the country’s autocratic regime, Bahrainis continue to suffer severe repression and political instability. Although the scale of mass arrests and torture the government used to suppress the uprising in March, April, and May of 2011 has diminished, and there have been some largely cosmetic reforms introduced since then, arbitrary arrests and torture in custody continue. Leading human rights activists and peaceful opposition leaders who were able to work relatively unimpeded since 2011 are now in jail, forced into exile, or facing trumped-up charges. The leading civil society and nonviolent political opposition figures arrested and tortured in 2011 remain in prison and there seems to be no prospect of any political dialogue between the government and opposition groups. The protests have not stopped, and a minority have taken on a violent edge, with over a dozen policemen killed since 2011. The country’s prisons are bulging with political detainees, many of whom were sentenced in mass trials after an unfair judicial process. This blueprint draws on dozens of interviews with Bahraini human rights defenders, civil society activists, journalists, academics, families of detainees, lawyers, U.S. government officials, and others. Despite repeated requests for permission to access Bahrain, Human Rights First has been denied entry to the country since 2012. This report examines conditions in Bahrain, the strengths and shortcomings of the U.S. response, and potential opportunities for the U.S. government to support civil society and strengthen respect for human rights. Though the smallest country in the Middle East, Bahrain exemplifies several of the major challenges for U.S. policy in the region. 2016 promises to be a defining year as a series of issues converge to threaten Bahrain, including: sectarian tensions exploited by ISIL and other Sunni extremists and by Shi’a-dominated Iran; economic vulnerability linked to sharply falling oil prices; corruption and political instability; a lack of reform leaving the root grievances of the large scale public protests unresolved; and U.S. government support for an authoritarian status quo seen as the best way of protecting major military investments—in Bahrain’s case, the U.S. Naval Fifth Fleet base. This year will also be important as President Obama shapes his legacy in the Middle East. In 2009, at the start of his presidency, he delivered a message of hope in Cairo: “America does not presume to know what is best for everyone, just as we would not presume to pick the outcome of a peaceful election. But I do have an unyielding belief that all people yearn for certain things: the ability to speak your mind and have a say in how you are governed; confidence in the rule of law and the equal administration of justice; government that is transparent and doesn't steal from the people; the freedom to live as you choose. These are not just American ideas; they are human rights. And that is why we will support them everywhere.” Much has changed in the intervening years. In his speech to the U.N. General Assembly in September 2015, President Obama opted for analysis rather than exhortation, noting, “repression cannot forge the social cohesion for nations to succeed. The history of the last two decades proves that in today’s world, dictatorships are unstable. The strongmen of today become the spark of revolution tomorrow.” He continued: “I believe a government that suppresses peaceful dissent is not showing strength; it is showing weakness and it is showing fear. History shows that regimes who fear their own people will eventually crumble, but strong institutions built on the consent of the governed endure long after any one individual is gone.” Yet the U.S. government’s handling of the enduring crisis in Bahrain has too often failed to draw obvious conclusions from the administration’s own analysis of the detrimental impact of human rights violations on stability and progress. As a result, in the absence of actions and policies that would suggest the contrary, many in Bahrain and across the region view the Obama Administration as supportive of the repressive leadership in Manama. This support for the dictatorship is rendering Bahrain less stable, undermining U.S. efforts to prevent violent extremism, and further damaging Washington’s credibility in the region.
Topic:
Human Rights, Foreign Aid, Reform, and Protests
Political Geography:
United States, Middle East, Bahrain, and Manama

7. Civil Defense Groups

Author:
Bruce "Ossie" Oswald
Publication Date:
07-2014
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
Between 1981 and 2007, governments in eighty-eight countries established or supported more than three hundred armed militias to provide security to local communities. Such militias often directly engage in armed conflict and law-and-order activities. A number of state-supported civil defense groups make local communities less secure by refusing to respond to state direction, setting up security apparatuses in competition with state authorities, committing human rights violations, and engaging in criminal behavior. The doctrine of state responsibility and the application of international humanitarian law, international human rights law, and international criminal law obligate the state or states that establish or support civil defense groups to investigate, prosecute, punish, and provide reparations or compensate victims. In many cases, the domestic laws of states are ineffective at holding members of govern¬ments or civil defense groups accountable. Local law enforcement authorities also often fail to investigate or prosecute members of civil defense groups. At present there is no specific international legal instrument to guide the responsible management of relationships between states and civil defense groups. Thus, the international community should develop a legal instrument that specifies the rules and principles that apply to states and civil defense groups and that includes a due diligence framework that focuses on accountability and governance of both states and civil defense groups. Such a framework would enhance the protection and security of communities by setting accountability and governance standards, assisting in security sector reform by establishing benchmarks and evaluation processes, and contributing to the reinforcement of legal rules and principles that apply in armed conflicts. For fragile states or those in a post conflict phase of development, the better management of such forces is likely to build state legitimacy as a provider of security to vulnerable communities.
Topic:
Conflict Resolution, Security, Defense Policy, and Reform
Political Geography:
United States

8. Online Voting: Rewards and Risks

Author:
Peter Haynes
Publication Date:
10-2014
Content Type:
Working Paper
Institution:
Atlantic Council
Abstract:
In a world of near-infinite computing power, ubiquitous connectivity, cloud-based services, and big data, the fact that the vast majority of countries holds elections using paper ballots appears an anomaly.
Topic:
Government, Science and Technology, and Reform
Political Geography:
United States

9. 2014 Financial Security Summit: Rapporteur's Report

Author:
Colby Farber
Publication Date:
11-2014
Content Type:
Working Paper
Institution:
Aspen Institute
Abstract:
The 2014 Financial Security Summit examined how policymakers, the financial services industry, advocates, and academics can advance new policies and products to make it easier for households to build financial security and to reinvigorate the American Dream.
Topic:
Debt, Economics, Governance, and Reform
Political Geography:
United States

10. Impact Inventing: Strengthening the Ecosystem for Invention-Based Entrepreneurship in Emerging Markets

Author:
Alexander N. Pan
Publication Date:
09-2014
Content Type:
Working Paper
Institution:
Aspen Institute
Abstract:
Over the past decade, a growing segment of social entrepreneurs and small and growing businesses(SGBs) has emerged that seeks to utilize the power of invention to create products and companies that improve the lives of people living in poverty around the world. We call this class of entrepreneur-looking to develop and disseminate tangible products that will be manufactured and sold at high volumes via market mechanisms-an invention-based entrepreneur.1 ANDE believes that invention-based entrepreneurs are supported or impeded by a number of environmental factors, or the entrepreneurial ecosystem in which they work. While ANDE and our members have made significant progress toward strengthening these entrepreneurial ecosystems in emerging markets, invention-based entrepreneurs have a unique set of needs that differentiates them from typical SGBs. Consequently, we believe we can improve the ecosystem to support the growth of this industry, and thereby unleash the full potential impact of these invention-based entrepreneurs.
Topic:
Emerging Markets, International Trade and Finance, Political Economy, and Reform
Political Geography:
United States and South Africa

11. Reforming the Global Architecture of Financial Regulation: The G20, the IMF and the FSB

Author:
Malcolm D. Knight
Publication Date:
09-2014
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
The global financial crisis that began in 2007 and deepened in 2008 exposed major weaknesses in financial and macroeconomic policy coordination, and profound flaws in financial risk management and regulation in a number of advanced countries. The severity of the crisis led global leaders to recognize that they must find a way to reform the global regulatory architecture to ensure that the financial system can absorb shocks while continuing to function efficiently.
Topic:
International Trade and Finance, Markets, International Monetary Fund, Financial Crisis, and Reform
Political Geography:
United States, United Kingdom, and Europe

12. Adjusting Assistance to the 21st Century: A Revised Agenda for Foreign Assistance Reform

Author:
George Ingram
Publication Date:
07-2014
Content Type:
Working Paper
Institution:
The Brookings Institution
Abstract:
A decade of reform of U.S. development assistance programs has brought significant and important improvement in the nature and delivery of U.S. assistance. But the 21st century world is witnessing constant change in development. More developing countries are ascending to middle income status and gaining the capability, resources, and desire to finance and direct their own development. The rapid expansion of private capital flows, remittances, and domestic resources has significantly reduced the relative role of donor assistance in financing development. Donors are becoming more numerous and varied. There is growing recognition that the private sector, both nationally and internationally, is an indispensable component of sustainable development.
Topic:
Development, Foreign Aid, and Reform
Political Geography:
United States

13. US-Cuba: A New Public Survey Supports Policy Change

Author:
Jason Marczak and Peter Schechter
Publication Date:
02-2014
Content Type:
Working Paper
Institution:
Atlantic Council
Abstract:
Why is now the right moment to commission a poll on the US public's views toward Cuba and US-Cuba relations? Why is a new, nonpartisan Latin America center reaching out to grab the third rail of Latin American foreign policy in the United States? Both good questions. Sometimes in foreign policy, structural impediments or stark policy differences will stymie progress in a certain area. Relations with China could not proceed until the United States recognized a “one China” policy that forever downgraded US relations with Taiwan. An activist foreign policy with Africa was impossible until the United States denounced apartheid.
Topic:
International Relations, Foreign Policy, and Reform
Political Geography:
Africa, United States, China, Cuba, and Latin America

14. Economic Statecraft Redux: Improving the U.S. State Department's Effectiveness in International Economic Policy

Author:
Robert A. Pollard and Gregory N. Hicks
Publication Date:
07-2014
Content Type:
Working Paper
Institution:
Center for Strategic and International Studies
Abstract:
At a time when economics has become a more central feature of international relations, the United States needs to raise its game in international economic policy to sustain global leadership. Yet the U.S. government is not well organized at present to meet this challenge.
Topic:
Foreign Policy, Diplomacy, Economics, International Trade and Finance, and Reform
Political Geography:
United States

15. High Stakes for Young Lives: Examining Strategies to Stop Child Marriage

Author:
Gayle Tzemach Lemmon
Publication Date:
04-2014
Content Type:
Working Paper
Institution:
Council on Foreign Relations
Abstract:
An estimated one-third of girls around the globe become brides before the age of eighteen and one in nine do so before the age of fifteen. In recent decades, the issue of child marriage has grown in profile and priority for many policymakers. The Elders, a group of global leaders including former United Nations (UN) secretary-general Kofi Anna n and former U.S. president Jimmy Carter, have taken on the issue and opted to use their platform to speak out against the practice, as have other prominent international organizations. The UN estimated that in 2011, nearly seventy million women ages twenty to twenty-four had married before they turned eighteen. If current trends continue without pause, in the next ten years, more than 140 million girls will be married before their eighteenth birthdays. In order to design interventions that can scale to match the level of the challenge, it is critical to understand the drivers of child marriage and the factors that can curb it.
Topic:
Globalization, Human Rights, Human Welfare, and Reform
Political Geography:
United States

16. Women and Girls in the Afghanistan Transition

Author:
Catherine Powell
Publication Date:
06-2014
Content Type:
Working Paper
Institution:
Council on Foreign Relations
Abstract:
The significant gains that Afghan women and girls have made since the 2001 U.S.-led military invasion and overthrow of the Taliban are endangered. Presidential elections and possible peace efforts with the Taliban raise uncertainties about whether the future leadership in Afghanistan will protect gender equality. Further, President Barack Obama's plan to completely draw down U.S. troops in the country by the end of 2016 risks withdrawing critical security protection, which has provided Afghan women and girls with increased safety and opportunities to participate in education, employment, the health system, politics, and civil society. With these political and security transitions underway, the United States should act now, in coordination with Afghanistan and its partners, to cement and extend the gains and prevent reversal.
Topic:
Development, Education, Human Rights, Islam, Culture, and Reform
Political Geography:
Afghanistan, United States, and Central Asia

17. Virtuality, Perception and Reality in Myanmar's Democratic Reform

Author:
Victoria Christensen
Publication Date:
08-2013
Content Type:
Working Paper
Institution:
The Geneva Centre for Security Policy
Abstract:
Since the summer of 2011, the country of Myanmar has been experiencing rapid democratic reform. Headlines lauding these positive changes have become common-place in the international media. However, experts and academics who have been involved in the decade-long campaign to bring peace and democracy to Myanmar remain divided over how sincere these changes are. Some accuse the Government of carrying out “window-dressing” reforms to please the Western governments and enable the lifting of sanctions. They argue that the Government has a vested interest in maintaining the reins of power and that there is no incentive to make true democratic reforms. During a speech in Oslo in June 2012, Aung San Suu Kyi, the Myanmarese Pro-democracy leader described the recent reforms as positive but warned against blind faith in the process and pointed out the main challenges that remain unresolved – namely the ethnic issues and the ongoing imprisonment of political prisoners.
Topic:
Democratization, Human Rights, Political Economy, Governance, and Reform
Political Geography:
Geneva, United States, China, Tehran, Korea, and Southeast Asia

18. Task Force Report on Streamlining and Consolidating Congressional Oversight of the US Department of Homeland Security

Publication Date:
09-2013
Content Type:
Working Paper
Institution:
Aspen Institute
Abstract:
Congressional leaders are best able to judge what committee should have jurisdiction over this department and its duties. But we believe that Congress does have the obligation to choose one in the House and one in the Senate, and that this committee should be a permanent standing committee with a nonpartisan staff.
Topic:
Security, Defense Policy, Weapons of Mass Destruction, Biosecurity, Governance, Law, and Reform
Political Geography:
United States

19. Financial regulation and the G20

Author:
Hugh Jorgensen, Mike Callaghan, Stephen Pickford, Richard Gray, Steven Bardy, Graham Hodges, and Ross Buckley
Publication Date:
07-2013
Content Type:
Working Paper
Institution:
Lowy Institute for International Policy
Abstract:
This issue of the Monitor canvases the role of the G20 in strengthening financial regulation. It contains articles by Hugh Jorgensen (Lowy Institute), Stephen Pickford (Chatham House), Richard Gray (Westpac), myself, Steven Bardy (Australian Securities and Investment Commission), Ross Buckley (University of New South Wales) and Graham Hodges (ANZ). It also includes a summary of the discussion at a regional 'Think 20' seminar recently held at the Lowy Institute.
Topic:
Economics, International Organization, International Trade and Finance, Financial Crisis, and Reform
Political Geography:
United States and Europe

20. The Transatlantic Trade and Investment Partnership: Ambitious but Achievable

Author:
Garrett Workman and Tyson Barker
Publication Date:
04-2013
Content Type:
Working Paper
Institution:
Atlantic Council
Abstract:
As leaders in the United States and Europe prepare for the formal launch of Transatlantic Trade and Investment Partnership (TTIP) talks, the Bertelsmann Foundation and the Atlantic Council have conducted a survey of trade policy experts from the public and private sectors on both sides of the Atlantic to gauge their expectations for the results of negotiations. This policy brief examines the results of this survey and analyzes its policy implications in three possible scenarios. The United States and Europe have discussed a transatlantic free trade area in various guises for decades. But as negotiations for a new Transatlantic Trade and Investment Partnership (TTIP) begin, this time seems different. Both sides recognize the need to stimulate their stagnant economies in the aftermath of the financial and Eurozone crises. In an age of austerity, as debt and deficit problems have led to a major loss of market confidence in the United States and Europe's ability to recover in a sustainable manner, a deepened trade relationship marks a path forward without adding to national debt levels. Furthermore, the rise of the emerging markets—particularly China—which often subscribe to a different economic model focused on state-owned enterprises and government directed investment decisions, marks a historic decision-point for the transatlantic community.
Topic:
Debt, International Trade and Finance, and Reform
Political Geography:
United States, Europe, and Atlantic Ocean