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  • Author: Anirudh Burman
  • Publication Date: 04-2021
  • Content Type: Working Paper
  • Institution: Carnegie Endowment for International Peace
  • Abstract: As India’s economy recovers from the coronavirus pandemic, Indian businesses need efficient financial structures to regain their ground. Key reforms to India’s Insolvency and Bankruptcy Code could fill these gaps. One of the key drivers of economic recovery in India will be the efficient movement of capital from inefficient firms to efficient ones. The economic downturn caused by the coronavirus pandemic has been severe, and India’s economy was one of the worst affected in 2020–2021. Though the economy is recovering faster than initial estimates, sustained economic recovery will not take place if stressed businesses cannot restructure their debts properly or if failing firms cannot be resolved efficiently. India’s bankruptcy law is key to solving these challenges. In 2016 India enacted the Insolvency and Bankruptcy Code, 2016 (IBC), which was a landmark reform to the nation’s financial system and the first comprehensive law to regulate insolvency.1 But the IBC has been suspended for a period of one year since the COVID-19-related lockdown was imposed in March 2020. In its place, India’s banking regulator, the Reserve Bank of India (RBI), has introduced a limited restructuring scheme for COVID-19-related stress in the meantime. Older mechanisms for insolvency that are still in operation have historically not worked according to expectations. As the one-year period of suspension comes to a close, this paper argues that bringing back the IBC—with adequate modifications—is an important prerequisite for sustained economic growth. India historically suffered from a patchwork framework of insolvency laws that either did not give lenders adequate powers to recover their debts upon default or only catered to the interests of certain kinds of lenders—to the exclusion of others.2 The IBC is a modern and comprehensive bankruptcy law that since its enactment has had a significant role in reducing the problem of nonperforming assets (NPAs), or “bad loans,” in India’s financial system. In the wake of the economic disruption caused by COVID-19, the Indian government suspended the operation of critical parts of the IBC. These changes meant that lenders could not trigger insolvency proceedings against defaulting businesses if the default occurred after March 20, 2020. While this suspension possibly prevented unnecessary business failures and provided a “calm period” for the economy, these measures have outlived their utility.
  • Topic: Law, Finance, Economy, COVID-19
  • Political Geography: South Asia, India
  • Author: Rachel Lastinger, Sandra Urquiza
  • Publication Date: 03-2021
  • Content Type: Special Report
  • Institution: Georgetown Journal of International Affairs
  • Abstract: Election observers are a crucial mechanism for transparency in the electoral process and can play a key role in electoral reform. In the United States, election observers’ findings can be more efficiently utilized to catalyze needed reform. The Carter Center has observed over 113 elections and supported citizen observer efforts in various countries. Drawing from this international experience, we suggest that US election observers can monitor the electoral process beyond election day, from voter registration to election dispute resolution and have a similar impact on electoral reform and integrity.
  • Topic: Civil Society, Governance, Law, Elections
  • Political Geography: United States of America, North America
  • Author: Paulina García-Del Moral
  • Publication Date: 02-2021
  • Content Type: Special Report
  • Institution: Georgetown Journal of International Affairs
  • Abstract: Mexican feminists have used the hashtag “la policía no me cuida, me cuidan mis amigas” (police do not protect me, my female friends do) to denounce and document sexual abuse and harassment at the hands of police and the sharp increase in police repression against feminist demonstrations. The repression of these feminist demonstrations suggests a new and disturbing pattern of the criminalization of women’s right to mobilize.
  • Topic: Security, Civil Society, Law, Women, Feminism, Conflict, Police, Girls
  • Political Geography: Central America, Mexico
  • Author: Joshua Fitt
  • Publication Date: 02-2021
  • Content Type: Special Report
  • Institution: Georgetown Journal of International Affairs
  • Abstract: Many of China’s technology companies perfect their products in the domestic market by facilitating the party-state’s oppression and data control, and subsequently seek to export the technology to fledgling authoritarian states or nations with fragile democracies. This is part of Beijing’s strategy to enhance its digital instruments of national power, normalize illiberal uses of technology, and equip foreign governments with the tools to replicate aspects of the CCP’s authoritarian governance model. If Washington wants to blunt this strategy, the US government needs to implement a comprehensive strategy of its own to address this.
  • Topic: Science and Technology, Governance, Law, Authoritarianism, Grand Strategy, Multilateralism
  • Political Geography: China, Asia, North America, United States of America
  • Author: Marie Hyland, Simeon Djankov, Pinelopi Koujianou Goldberg
  • Publication Date: 03-2021
  • Content Type: Working Paper
  • Institution: Peterson Institute for International Economics
  • Abstract: reater legal equality between men and women is associated with a narrower gender gap in opportunities and outcomes, fewer female workers in positions of vulnerable employment, and greater political representation for women. While legal equality is on average associated with better outcomes for women, the experience of individual countries may differ significantly from this average trend, depending on the countries’ stage of development (as proxied by per capita GDP). Case studies from the Democratic Republic of the Congo, India, and Spain demonstrate this deviation. Especially in developing countries, legislative measures may not necessarily translate into actual empowerment, due mainly to deeply entrenched social norms, which render legal reforms ineffective. Women are more likely than men to be in vulnerable employment in low- and lower-middle-income economies but less likely than men to be in vulnerable employment in upper-middle- and high-income economies. Analysis of a 50-year panel of gendered laws in 190 countries reveals that country attributes that do not vary or change only slowly over time—such as a country’s legal origin, form of government, geographic characteristics, and dominant religion—explain a very large portion of the variation across countries. This finding suggests that the path to legal equality between men and women may be a long and arduous one. Nevertheless, the data also show that the past five decades have seen considerable progress toward legal gender equality. Gendered laws do evolve, suggesting a role for legal reforms in women’s economic empowerment.
  • Topic: Gender Issues, Law, Women, Inequality, Economy
  • Political Geography: Africa, Europe, South Asia, India, Democratic Republic of the Congo, Spain
  • Author: Michael C. Davis
  • Publication Date: 02-2021
  • Content Type: Policy Brief
  • Institution: The Jamestown Foundation
  • Abstract: After the Hong Kong protest movement exploded in 2019, the world looked on with both hope and trepidation. Protestors made five demands: that a proposed extradition law be withdrawn; that there be an independent investigation of police behavior; that the protests stop being characterized as riots; that any charges against arrested protesters be dropped and that promised universal suffrage be implemented (HKPF, December 25, 2019). After months of protest, Hong Kong Chief Executive Carrie Lam publicly withdrew the extradition bill, fulfilling the first of the protestors’ demands (SCMP, September 4, 2019). But this temporary victory was too little too late and overshadowed by the ongoing and often violent crackdown on the protesters, and then in 2020, with Beijing’s imposition of the new National Security Law (NSL) (China Brief, July 29, 2020).
  • Topic: Human Rights, Law, Rule of Law, Protests, Repression
  • Political Geography: China, Asia, Hong Kong
  • Author: Sam Szoke-Burke, Samuel Nguiffo, Stella Tchoukep
  • Publication Date: 03-2021
  • Content Type: Working Paper
  • Institution: Columbia Center on Sustainable Investment
  • Abstract: Despite a recent transparency law and participation in transparency initiatives, Cameroon’s investment environment remains plagued by poor transparency.
  • Topic: Agriculture, Environment, Law, Transparency, Land Reform
  • Political Geography: Africa, Cameroon
  • Author: Vasyl Yurchyshyn
  • Publication Date: 04-2021
  • Content Type: Commentary and Analysis
  • Institution: Razumkov Centre
  • Abstract: Last week was marked by two events that are likely to have a negative impact on the banking system. The first concerns the adoption of the Law on Restructuring of Foreign Currency Consumer Loans. From the first glance, this event seemed to be highly welcomed, as it would lead to easing of debt pressure for many households. However, this is only one side of the coin. Indeed, first, in the banking sector this situation may mean the formation of imbalances that will need to be normalised. Secondly, and more importantly, there is reason to believe that the decision to restructure was actually made not for economic but for political and populist reasons.
  • Topic: Law, Currency, Banking
  • Political Geography: Ukraine, Eastern Europe
  • Author: Roxana Elena Manea, Patrizio Piraino, Martina Viarengo
  • Publication Date: 04-2021
  • Content Type: Research Paper
  • Institution: Centre for International Environmental Studies, The Graduate Institute (IHEID)
  • Abstract: We study the relationship between housing inequality and crime in South Africa. We create a novel panel dataset combining information on crimes at the police station level with census data. We find that housing inequality explains a significant share of the variation in both property and violent crimes, net of spillover effects, time and district fixed effects. An increase of one standard deviation in housing inequality explains between 9 and 13 percent of crime increases. Additionally, we suggest that a prominent post-apartheid housing program for low-income South Africans helped to reduce inequality and violent crimes. Together, these findings suggest the important role that equality in housing conditions can play in the reduction of crime in an emerging economy context.
  • Topic: Apartheid, Crime, Economics, Law, Inequality, Violence, Legal Sector
  • Political Geography: Africa, South Africa
  • Author: Sarah Pierce
  • Publication Date: 01-2021
  • Content Type: Special Report
  • Institution: Migration Policy Institute (MPI)
  • Abstract: Over the course of four years, the Trump administration used a wide range of executive action tools to make sweeping changes to the U.S. immigration system. Among them is an obscure but powerful bureaucratic authority known as the attorney general’s “referral and review” power. By allowing the attorney general to review and overrule decisions made by the Board of Immigration Appeals (the immigration appellate body within the U.S. Department of Justice), referral and review makes it possible to alter or reinterpret the application of immigration laws—at times with wide-reaching effects. While the frequent and consequential use of this power by Trump-era attorneys general drew increased attention to it, many of the concerns that have been raised about it predate the Trump administration. Among them: that it allows the attorney general—the country’s chief law enforcement officer—to intercede in individual cases, raising questions about the independence of the immigration adjudication system; that referral and review decisions are made with minimal procedural safeguards or transparency; and that the power has remained in the Justice Department, even as most immigration functions were moved to the Department of Homeland Security when that agency was created nearly two decades ago. This report explores how referral and review has evolved over time, including under the Trump administration, whose attorneys general referred more cases to themselves for review than those in any prior administration, Republican or Democrat. The report also looks closely at the two areas of U.S. immigration policy most affected by Trump-era referral and review decisions: the U.S. asylum system and court procedures, including how immigration judges manage their own dockets. Finally, it looks ahead to how the power might be used in the future and recommends ways to improve its use and placement within the immigration bureaucracy.
  • Topic: Immigration, Law, Border Control, Asylum
  • Political Geography: North America, United States of America
  • Author: Chuck Fang, Julian Schumacher, Christoph Trebesch
  • Publication Date: 01-2021
  • Content Type: Working Paper
  • Institution: Kiel Institute for the World Economy (IfW)
  • Abstract: Sovereign debt crises are difficult to solve. This paper studies the “holdout problem”, meaning the risk that creditors refuse to participate in a debt restructuring. We document a large variation in holdout rates, based on a comprehensive new dataset of 23 bond restructurings with external creditors since 1994. We then study the determinants of holdouts and find that the size of creditor losses (haircuts) is among the best predictors at the bond level. In a restructuring, bonds with higher haircuts see higher holdout rates, and the same is true for small bonds and those issued under foreign law. Collective action clauses (CACs) are effective in reducing holdout risks. However, classic CACs, with bond-by-bond voting, are not sufficient to assure high participation rates. Only the strongest form of CACs, with single-limb aggregate voting, minimizes the holdout problem according to our simulations. The results help to inform theory as well as current policy initiatives on reforming sovereign bond markets.
  • Topic: Debt, Economics, International Political Economy, Law, Credit
  • Political Geography: Global Focus
  • Author: Asli Bâli
  • Publication Date: 03-2021
  • Content Type: Video
  • Institution: Center for Security, Race and Rights (CSRR), Rutgers University School of Law
  • Abstract: Race and Empire: Legal Theory Within, Through, & Across National Borders w/ Pro. Asli Bâli
  • Topic: Foreign Policy, Imperialism, Race, Law, Borders, Empire, transnationalism
  • Political Geography: Libya, Global Focus
  • Author: Jay Schweikert
  • Publication Date: 09-2020
  • Content Type: Commentary and Analysis
  • Institution: The Cato Institute
  • Abstract: Qualified immunity is a judicial doctrine that protects public officials from liability, even when they break the law. The doctrine has no valid legal basis, it regularly denies justice to victims whose rights have been violated, and it severely undermines official accountability, especially for members of law enforcement. Accountability is an absolute necessity for meaningful criminal justice reform, and any attempt to provide greater accountability must confront the doctrine of qualified immunity. This judicial doctrine, invented by the Supreme Court in the 1960s, protects state and local officials from liability, even when they act unlawfully, so long as their actions do not violate “clearly established law.” In practice, this legal standard is a huge hurdle for civil rights plaintiffs because it generally requires them to identify not just a clear legal rule but a prior case with functionally identical facts.
  • Topic: Law, Reform, Criminal Justice, Accountability, Police, Qualified Immunity
  • Political Geography: North America, United States of America
  • Author: Philip Remler
  • Publication Date: 01-2020
  • Content Type: Working Paper
  • Institution: Carnegie Endowment for International Peace
  • Abstract: The central task for Russian foreign policy in the era of President Vladimir Putin has been to regain the undisputed recognition that Russia is a world power like the Soviet Union before it, a status to which Russia feels entitled.1 The United Nations (UN) is Russia’s most important venue for putting its global aspirations and achievements on display. Russia’s status as a permanent member of the UN Security Council boosts its claim to be part of a global oligarchy and grants it the power to veto or undermine initiatives that it deems contrary to its interests. The concepts underlying Russia’s use of the UN to promote its aspirations form the subject of this paper. Russia, like the Soviet Union before it, devotes great resources to its missions at the UN, especially New York and Geneva. It traditionally cultivates extensive expertise among its mission members, appointing them to UN postings several times over their careers and leaving them in place for long periods. Russian diplomats are noted for their abilities in drafting highly technical UN documents in English—none more so than Sergey Lavrov, currently Russia’s foreign minister and formerly its permanent representative to the UN from 1994 to 2004.
  • Topic: Foreign Policy, Sovereignty, Power Politics, Law, Geopolitics, Legitimacy
  • Political Geography: Russia, United Nations
  • Author: Anirudh Burman
  • Publication Date: 03-2020
  • Content Type: Working Paper
  • Institution: Carnegie Endowment for International Peace
  • Abstract: How should a legal framework for data protection balance the imperatives of protecting privacy and ensuring innovation and productivity growth? This paper examines the proposed data protection legislation in India from the perspective of whether it maintains this balance. In December 2019, the government introduced the Personal Data Protection Bill, 2019, in parliament, which would create the first cross-sectoral legal framework for data protection in India.1 This paper argues that the bill does not correctly address privacy-related harms in the data economy in India. Instead, the bill proposes a preventive framework that oversupplies government intervention and strengthens the state. This could lead to a significant increase in compliance costs for businesses across the economy and to a troubling dilution of privacy vis-à-vis the state. The paper argues that while the protection of privacy is an important objective, privacy also serves as a means to protecting other ends, such as free speech and sexual autonomy. A framework for protecting personal data has to be designed on a more precise understanding of the role of privacy in society and of the harms that emanate from violations of individual privacy.
  • Topic: Science and Technology, Law, Privacy, Data
  • Political Geography: South Asia, India
  • Author: Julieta Cuellar
  • Publication Date: 05-2020
  • Content Type: Journal Article
  • Journal: Journal of Public and International Affairs (JPIA)
  • Institution: School of Public and International Affairs, Princeton University
  • Abstract: The Eviction Lab’s recently released dataset of evictions in the United States provides rich opportunities for exploring the effect of state and local policies on eviction rates. Just cause eviction ordinances—local laws that outline what constitutes grounds for eviction—have gained traction as a policy solution for addressing the eviction crisis. This paper analyzes the relationship between just cause eviction ordinances and eviction rates and eviction filing rates in four California cities. A difference-in-differences matched case model suggests that there is a statistically significant, large, and negative difference between eviction rates and eviction filing rates before and after the passage of just cause eviction ordinances in the four treatment cities, as compared to the difference in these rates before and after the passage of just cause eviction ordinances in matched control cities. Cities that implemented just cause eviction laws experienced lower eviction, by 0.808 percentage points, and eviction filing rates, by 0.780 percentage points, than those that did not.
  • Topic: Law, Domestic Policy, Eviction
  • Political Geography: North America, United States of America
  • Author: Gabriel Delsol, Claire M. Metelits
  • Publication Date: 12-2020
  • Content Type: Special Report
  • Institution: Georgetown Journal of International Affairs
  • Abstract: For several decades, US security policy in West Africa focused on transnational terrorist organizations, domestic armed groups, and the general spread of instability. This article argues that an increase in digital authoritarianism in West Africa, facilitated by Russia and China, is an emerging threat and necessitates increased attention by the US security community.
  • Topic: Science and Technology, Governance, Law, Authoritarianism, Cybersecurity
  • Political Geography: Africa, Russia, China, West Africa
  • Author: Jeffrey Neilson
  • Publication Date: 11-2020
  • Content Type: Special Report
  • Institution: Georgetown Journal of International Affairs
  • Abstract: In 1870, the Dutch colonial government established the principle of domein verklaring (free state domain) in its East Indies colony when it enacted agrarian laws to promote private investment. The now-independent Indonesian nation is still trying to resolve the principle’s implications for community access to land, which threaten the long-term sustainability of livelihoods across the country. Further legal recognition of pre-existing customary rights over land is required to prevent exacerbating the marginalization of rural community interests.
  • Topic: Agriculture, Civil Society, History, Law, Colonialism, Land
  • Political Geography: Indonesia, Asia, Southeast Asia
  • Author: Miguel Ángel Martínez-Meucci
  • Publication Date: 11-2020
  • Content Type: Special Report
  • Institution: Georgetown Journal of International Affairs
  • Abstract: In Chile, the ongoing constituent process presents a great opportunity, but it also embodies great challenges. Chile’s future will depend on the capacity of the constituent body to reach broad consensus and produce a balanced text that is capable of innovating while preserving the best of what already exists.
  • Topic: Civil Society, Governance, Law, Constitution
  • Political Geography: South America, Latin America, Chile
  • Author: Tae Yong Jung
  • Publication Date: 11-2020
  • Content Type: Special Report
  • Institution: Georgetown Journal of International Affairs
  • Abstract: The South Korea case study indicates the co-benefits of air quality and climate change policy, by designing relevant legal and institutional frameworks in a more comprehensive and holistic way.
  • Topic: Climate Change, Energy Policy, Environment, Science and Technology, Law, Sustainability
  • Political Geography: Asia, South Korea