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1. Digital Sovereignty: European Policies, American Dilemmas

Author:
Mathilde Velliet
Publication Date:
01-2023
Content Type:
Working Paper
Institution:
Institut français des relations internationales (IFRI)
Abstract:
European digital sovereignty has been made a priority by Ursula von der Leyen’s European Commission. Due to the privileged position of American companies in the European market, Brussels’ efforts towards digital sovereignty (on privacy, antitrust, data sovereignty, etc.) are closely scrutinized by American policymakers. They often view European initiatives as “protectionist” and unfairly targeting U.S. companies. However, the American vision of European digital sovereignty has evolved in recent years under the influence of two main factors. On the one hand, awareness of the problematic effects and practices of platforms has led to a consensus on the need for reform in the digital sector. On the other hand, technological competition with China has been elevated to a priority. This vision remains fraught with contradictions, along inter-party, intra-party, inter-agency, state-federal, and issue-based fault lines. Washington’s position on anti-monopolistic practices is an illuminating example, characterized by a double discourse between a desire to reform the U.S. digital sector domestically and active diplomacy to dilute these efforts at the European level. Nonetheless, several American actors – particularly in the legislative branch – are seeking to learn from the successes and flaws of European regulations for American reform projects, such as on platform regulation or privacy. The China factor reinforces the ambiguity of the U.S.’ position. It creates new opportunities for cooperation in the face of perceived common vulnerabilities (infrastructure security, inbound investments, etc.) and autocratic definitions of digital sovereignty. However, it also raises tension and misunderstanding on the American side towards European reforms that often target American companies more than Chinese ones. Lastly, while American and European companies have adapted to the need for digital sovereignty through a range of technical and commercial solutions, the temptation of a maximalist definition of European sovereignty continues to create major stumbling blocks, particularly on the cloud.
Topic:
European Union, Regulation, Cloud Computing, Digital Sovereignty, and Data Governance
Political Geography:
China, Europe, Asia, North America, and United States of America

2. India’s Regulatory Shift: An Examination of Five Agencies of the Post- Liberalisation Era

Author:
Arkaja Singh
Publication Date:
02-2023
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
This paper explores the design of Indian regulatory agencies established post-liberalisation from an administrative perspective. Regulatory agencies were set up to replace state inefficiencies, and to discipline profligate state agencies, even as much as they were a response to state-market reorganisations and the challenge of privatization. Regulation provided an opportunity for upper levels of the Indian bureaucratic state to recast their power, with the idea that it would provide a framework for economic rationality, independence and technical specialization to take centre-stage. In actual practice however, the design of each of the regulatory agencies is shaped largely by pre-existing legal frameworks and institutions, and the agencies have remained quite tied in with their counterpart departments and on retired bureaucrats. However, in spite of these limitations, these agencies have some common features imbued by legislative mandate and organisational design which are unique in the context of the Indian state. They have focus and stability, a degree of functional independence, and most importantly, a concentration of power, which enables them to think through and implement complex policy transitions from multi-year and context-specific perspectives. The paper builds on learnings from a series of conversations with regulatory agency chairpersons in order to identify what regulatory governance is, in terms of the powers and mandate of the regulatory agencies and what makes them distinctive from the rest of public administration.
Topic:
Governance, Regulation, Liberalization, and Administration
Political Geography:
South Asia and India

3. Will China's impending overhaul of its financial regulatory system make a difference?

Author:
Martin Chorzempa and Nicolas Véron
Publication Date:
03-2023
Content Type:
Policy Brief
Institution:
Peterson Institute for International Economics
Abstract:
China's reshuffle of its financial supervisory architecture announced in March, like previous changes, appears incremental rather than radical. It will not, however, resolve the main challenge hobbling China’s financial system, which is not linked to specific choices of supervisory architecture but rather to the unfinished transition from a state-directed to a market-based financial system and the way the Chinese Communist Party's pervasive role creates obstacles to good corporate governance of individual financial firms and to the independence of supervisory authorities. Too often, political authorities and sometimes the supervisors themselves intervene directly in financial firms’ decisions to allocate capital and credit, occasionally resulting in failures of risk control and risk management. The authors argue that Chinese reformers should aim at a clearer and more rigorous division of responsibilities, in which financial firms manage financial opportunities and risks, and supervisors are exclusively focused on their respective public policy mandates.
Topic:
Economics, Regulation, Finance, and Corporate Governance
Political Geography:
China and Asia

4. Authoritarian kleptocrats are thriving on the West’s failures. Can they be stopped?

Author:
Francis Shin and Ben Judah
Publication Date:
01-2023
Content Type:
Special Report
Institution:
Atlantic Council
Abstract:
A hidden web of power revealed itself to Internet users in early 2022. Following a brutal government crackdown in Kazakhstan in January, anyone using open-source flight-tracking websites could watch kleptocratic elites flee the country on private jets. A little more than a month later, Russia’s invasion of Ukraine brought a new spectacle: social media users were able to track various oligarchs’ superyachts as they jumped from port to port to evade Western sanctions. These feeds captured a national security problem in near real time: In Eurasia and beyond, kleptocratic elites with deep ties to the West were able to move themselves and their assets freely despite a host of speeches by senior officials, sanctions, and structures designed to stop them. Kleptocratic regimes—kleptocracy means “rule by thieves”—have exploited the lax and uneven regulatory environments of the global financial system to hide their ill-gotten gains and interfere in politics abroad, especially in the United States, the United Kingdom, and the European Union. They are aided in this task by a large cast of professional enablers within these jurisdictions. The stronger these forces get, the more they erode the principles of democracy and the rule of law. Furthermore, the international sanctions regime imposed on Russia in response to its invasion of Ukraine has little hope of long-term success if the global financial system itself continues to weaken. The West still has a long way to go to rein in the authoritarian kleptocrats who have thrived on the institutional dysfunction, regulatory failure, and bureaucratic weakness of the transatlantic community for far too long. We need to rethink not just how we combat kleptocracy, but also how we define it. Policy makers need to understand that authoritarian regimes that threaten transatlantic security are closely linked to illicit financial systems. As it stands, our thinking about how foreign corruption spreads is too constrained by stereotypes about kleptocratic goals and actions.
Topic:
Corruption, Diplomacy, Intelligence, Politics, Sanctions, Authoritarianism, Reform, European Union, Regulation, Finance, Economy, Rule of Law, and Russia-Ukraine War
Political Geography:
Russia, United Kingdom, Europe, Ukraine, Canada, and United States of America

5. In Support of Market-Driven Standards

Author:
Matthias Bauer, Fredrik Erixon, Oscar Guinea, and Vanika Sharma
Publication Date:
03-2023
Content Type:
Working Paper
Institution:
European Centre for International Political Economy (ECIPE)
Abstract:
The EU published its new Standardisation Strategy in 2022. The strategy contains some good ideas to improve the way European standards are set. However, in its attempt to gain more control over technical standards, the EU risks killing the goose that lays the golden egg. The primary motivation behind the strategy is the belief that the process governing the way CEN, CENELEC, and ETSI – the three European Standardisation Organisations – take decisions over EU standards favours non-EU multinationals. To address this perceived imbalance, EU National Standardisation Bodies will have the exclusive power to accept standardisation requests, and adopt, revise and withdraw European technical standards. These changes are particularly significant for ETSI, Europe’s Standardisation Body in charge of telecommunication standards and one of Europe’s most successful organisations. ETSI is a prime example of EU normative power since it hosts companies from more than 60 countries, while retaining a large membership of EU firms. The regulatory changes included in the strategy are not risk-free. There could be unintended consequences that may undermine a standardisation system that has delivered significant economic benefits for the EU and the world. First, giving more responsibility to EU’s National Standardisation Organisations will turn a European discussion into 30 (EU and EEA) national debates. As a consequence, small companies will not be able to contribute to each and every one of the National Standardisation Organisations, diluting their contribution, while multinational companies, with the resources needed to cooperate with a larger number of bodies, will benefit from an expanding role in the EU standard setting process. Second, if standards are fragmented along national borders and companies must multiply their efforts to take part in several Standardisation Development Organisations, there will be less resources for Research and Development spending. Finally, if each and every National Standardisation Organisation needs to have a position with regards to the acceptance of a standardisation request, or adoption, revision and withdrawal of European technical standards, the time period required to adopt a technical standard may be extended rather than shortened, which is the exact opposite of what the European Commission wants to achieve. The regulatory changes included in the EU Standardisation Strategy are akin to cracking a nut with a sledgehammer. If the European Commission is concerned about the influence of non-EU companies in European Standardisation Bodies, it does not need to overhaul their governance systems. Supporting greater participation of European firms in the European standard system will ease EU’s concerns without the downside risks associated with changing the rules of the game that govern Europe’s Standardisation Bodies. The success of the European standardisation system, which is market-driven and based on consensus, has had significant economic benefits in the development of specific industries, like the European Information and Communication Technologies (ICT). Technical standards in ICT have shaped a European industry that is not only dynamic and international but also enjoys some of the highest levels of wages and Research and Development spending. Moreover, if technical standards are not developed through an open, consensus-based, and industry-led voluntary process, they will be developed in different ways. For instance, governments and private companies can develop standards by themselves. Both solutions are inferior to the current market-driven approach that governs European standards. However, the European market-driven approach to set standards is voluntary, and its success and continuation must not be assumed. European policymakers should be worried about tinkering with a European standardisation system which has produced economic specialisation and innovation to the benefits of EU firms and consumers.
Topic:
Markets, European Union, Regulation, Economy, and Standardization
Political Geography:
Europe

6. The value added of central bank digital currencies: a view from the euro area

Author:
Maria Demertzis and Catarina Martins
Publication Date:
06-2023
Content Type:
Working Paper
Institution:
Bruegel
Abstract:
Different jurisdictions have set out different reasons for creating central bank digital currencies (CBDCs). Some countries, particularly those with already-operational CBDCs for retail purposes, aim to to promote financial inclusion. But in countries where most citizens have access to financial services, central banks are interested in CBDCs as an aspect of the increasing digitalisation of finance. Central banks could also choose to use CBDCs to guarantee in full citizen’s holdings (currently, deposits in commercial bank are only partially guaranteed), but this would trigger major changes in the financial system in terms of the role of commercial banks in intermediation and the role of fiat money. So far, central banks have not opted to go this way. In the euro area, consumers have multiple payment options and a very efficient retail payments system. The currency enjoys high levels of trust and is not challenged by the emergence of private currencies, such as Bitcoin, or by the risk that cash, a monetary system’s anchor, will disappear. Therefore, creating a CBDC for retail purposes in the euro area offers little obvious value added, at least for the foreseeable future. However, there is a strong case for building a CBDC that banks could use for cross-border wholesale purposes (ie with other currencies). Wholesale CBDCs could revolutionise the way that cross-border, cross-currency payments are made for two reasons. Cross-border payments are currently slow and inefficient. Pilot projects have shown that wholesale payments with CBDCs can generate substantial time and cost savings. Any two central banks that have operational wholesale CBDCs could settle transactions between themselves. This would be very different from the current system, as most settlements today are done via the dollar (and then the euro) infrastructure and use correspondent banks. The euro area and the United States would have to consider carefully from a geopolitical perspective how wholesale CBDCs might affect their global economic standing. By developing a CBDC for wholesale purposes, the European Union would be able to contribute to developing the global standard.
Topic:
Monetary Policy, Governance, Regulation, Central Bank, Digital Currency, and Euro
Political Geography:
Europe

7. Decentralised finance: good technology, bad finance

Author:
Maria Demertzis and Catarina Martins
Publication Date:
04-2023
Content Type:
Working Paper
Institution:
Bruegel
Abstract:
The emergence of cryptocurrencies/crypto assets has allowed the provision of a new form of financial services, including payments and loans, known as decentralised finance (DeFi). Crypto assets currently represent only about 1 percent of total global financial assets and it is unlikely, in its current form, that DeFi will become a substitute for the traditional financial system, for three reasons. First, while decentralisation is very innovative, in practice the technology required to replace the role of intermediary is slow and costly in terms of energy use. This has led some crypto networks to adopt more centralised solutions to the problem of verification. Second, the automaticity behind the transactions does not allow for any legal recourse. If something goes wrong, there is no way to stop or reverse a transaction once it has been initiated. It is very difficult to imagine DeFi scaling up without the ability to challenge outcomes. Third, and perhaps most importantly, DeFi is for the most part self-referential. Crypto assets are exchanged for other crypto assets without being employed in activities that stimulate economic growth by creating jobs or facilitating investment. It is not likely for DeFi to grow enough to replace traditional finance unless it helps growth. Nevertheless, the technology that enables DeFi and crypto assets, distributed ledger technology (DLT), is very innovative and has managed to remove the intermediary without compromising the safety and finality of financial transactions. Hence, it is likely that the technology behind crypto assets and DeFi will feed into the mainstream and offer efficiency gains.
Topic:
Science and Technology, Regulation, Finance, Digitalization, and Digital Currency
Political Geography:
Global Focus

8. Will China’s new financial regulatory reform be enough to meet the challenges?

Author:
Martin Chorzempa and Nicolas Veron
Publication Date:
03-2023
Content Type:
Policy Brief
Institution:
Bruegel
Abstract:
Effective financial supervision plays a crucial role in maintaining financial stability and a healthy financial system. China’s leadership has made financial risk a core priority, and in reforms approved in March 2023, it reassigned regulatory responsibilities, creating a new supervisory body that will take over some responsibilities from the central bank, the banking and insurance regulator, and the securities regulator. The aim is that a change to the financial supervisory architecture (who does what in financial supervision) will make China’s system more effective and stable. In this policy brief, we argue that this incremental reform will not solve the core issues China faces in financial supervisory effectiveness. We provide an overview of China’s large and complex financial system, including its largely state-owned banks (some of which are the largest in the world by assets), securities markets and other financial intermediaries. Traditional divisions between different types of activities and institutions have been blurred by the rise of large financial conglomerates, risk-transfer techniques and internet-based finance. Reforms in 2018 to China’s supervisory architecture did not eliminate perceived shortcomings, including failures to effectively regulate financial conglomerates, fintech and regional banks. We then survey global benchmarks against which China’s financial supervisory architecture can be compared, including the United States and European Union. China’s supervisory system is already more streamlined, at least on paper, than either of these most comparable global counterparts. Like them, China’s system does not correspond exactly to any of the three textbook archetypes of supervision: sectoral, twin-peaks or integrated supervision. Ultimately, the effectiveness of China’s financial supervisory architecture suffers from excessive state intervention in the financial system through other channels, including through the unique and pervasive influence of the communist party, which hampers supervisory independence and makes it difficult to establish accountability for regulatory failures. While the recently announced reform may improve coordination across supervisory bodies, coordination within the new quasi-integrated supervisor, across central departments, and between them and local branches, will remain a challenge.
Topic:
Reform, Regulation, Finance, and Financial Stability
Political Geography:
China and Asia

9. A model for a participative approach to digital competition regulation

Author:
Christophe Carugati
Publication Date:
02-2023
Content Type:
Policy Brief
Institution:
Bruegel
Abstract:
Digital competition regulations often put in place participative approaches to ensure competition in digital markets. The participative approach aims to involve regulated firms, stakeholders and regulators in the design of compliance measures. The approach is particularly relevant in complex and fast-evolving digital markets, where whole industries often depend on the behaviours of the regulated firms. The participative approach enables stakeholders and regulated firms to design compliance measures that are optimal for all because they ensure legal certainty for regulated firms, save time for regulators and take into account the views of stakeholders. However, the participative approach is subject to regulatory capture. The regulated firms and stakeholders might try to promote their interests to the regulator. This could result in endless discussions at best, and the adoption of inappropriate solutions following intense lobbying at worst. A governance model is necessary to ensure that the participative approach works without risks of regulatory capture. The model should define clearly each participant's role, duties and rights. There should be: 1) equal and transparent access of all stakeholders to the dialogue; 2) the presentation of tangible and evidence-based solutions from stakeholders and regulated firms; 3) public decisions from the regulator that contain assessments of the proposed solutions, with guidance to clarify rules; and 4) compliance measures proposed by the regulated firm in line with the guidance. The model should provide an assessment framework for the proposed solutions to identify the most effective. The assessment should rely on the principle of proportionality to assess whether the proposed compliance measure is proportionate, to ensure the effectiveness of the regulation. Finally, the model should safeguard against regulatory capture thanks to transparency rules and external monitoring.
Topic:
Regulation, Digital Economy, Innovation, Stakeholders, and Competition
Political Geography:
Global Focus

10. The Impact of Regulation on Innovation

Author:
Philippe Aghion, Antonin Bergeaud, and John Van Reenen
Publication Date:
04-2023
Content Type:
Policy Brief
Institution:
The Cato Institute
Abstract:
There is considerable research on the economic impacts of regulations but relatively few studies about their impact on technological innovation. Moreover, most analyses focus on the costs and benefits of regulation at a point in time, rather than on its effects over time. Yet potential effects on economic growth are likely to be much more pronounced in the long run. Many scholars have been concerned that slower growth in countries with heavy labor regulations could be due to firms’ reluctance to innovate given the burden of red tape. For example, the slower growth of Southern European countries and parts of Latin America have often been blamed on onerous labor laws.
Topic:
Labor Issues, Regulation, Economic Growth, and Innovation
Political Geography:
Global Focus

11. Self‐​Service Bans and Gasoline Prices: The Effect of Allowing Consumers to Pump Their Own Gas

Author:
Vitor Melo
Publication Date:
01-2023
Content Type:
Policy Brief
Institution:
The Cato Institute
Abstract:
Billions of people live in countries that ban self‐​service fueling at gasoline stations, including some of the world’s largest countries by population, including China, India, and Brazil, among many others. The impact of these bans is largely understudied despite their prevalence presumably because this policy is often implemented at the national level and because there have been no policy changes in these countries that allow for an assessment of these bans on gasoline prices.
Topic:
Gas, Regulation, Economy, and Consumer Behavior
Political Geography:
North America, Global Focus, and United States of America

12. Japan’s Gradual Move to Address Technological Challenges to Democracy

Author:
Maiko Ichihara
Publication Date:
04-2023
Content Type:
Commentary and Analysis
Institution:
East Asia Institute (EAI)
Abstract:
Maiko Ichihara, a professor at Hitotsubashi University Graduate School of Law, explores the challenges that technological advancements pose to democracy and analyzes Japan’s recent efforts to regulate disinformation and protect private data. Despite the absence of global regulations on digital technology, Ichihara highlights Japan’s domestic fact-checking efforts as well as its multilateral initiatives with G7 to create action plans promoting international cooperation against disinformation and data privacy abuse. In order to bolster democracy in the digital realm, she advocates for a proactive development of counter-narratives to fake news on social media.
Topic:
Science and Technology, Democracy, Regulation, Privacy, Social Media, G7, Disinformation, Data Collection, and Digital Space
Political Geography:
Japan and Asia

13. Getting regulation right: Approaches to improving Australia’s cybersecurity

Author:
Rajiv Shah
Publication Date:
08-2023
Content Type:
Policy Brief
Institution:
Australian Strategic Policy Institute (ASPI)
Abstract:
As well as having a global impact, Cybersecurity is one of the most significant issues affecting Australia’s economy and national security. On the one hand, poor cybersecurity presents a risk to the interconnected digital systems on which we increasingly rely; on the other hand, well-managed cybersecurity provides an opportunity to build trust and advantage by accelerating digital transformation. Cyber threats can originate from a diverse range of sources and require a diverse set of actions to effectively mitigate them. However, a common theme is that much better cyber risk management is needed to address this critical threat; the current operation of the free market isn’t consistently driving all of the required behaviours or actions. Regulation can provide a powerful mechanism to modify incentives and change behaviours. However, securing cyberspace depends on the intersection of many factors—technical, social and economic. Current regulations are a patchwork of general, cyber-specific and sector-specific measures with a lack of cohesion that causes overlaps and gaps. That makes the environment complex, which means that finding the right approach that will truly improve overall security and minimise unwanted side effects is difficult. It’s necessary to analyse the interconnected factors that determine the net effectiveness of cybersecurity regulations. Furthermore, the pace of technological change is so fast today that, even if regulation is successful when first implemented, it needs to be appropriately futureproofed to avoid becoming irrelevant after even a few months. Recent rapid developments in artificial intelligence are an example of the risks here that will need to be anticipated in any changes to the regulatory regimes.
Topic:
Security, Science and Technology, Cybersecurity, and Regulation
Political Geography:
Australia and Australia/Pacific

14. Regulatory Convergence within Technical Barriers to Trade

Author:
Mahdi Ghodsi
Publication Date:
09-2023
Content Type:
Working Paper
Institution:
The Vienna Institute for International Economic Studies (WIIW)
Abstract:
This paper analyses how regulatory convergence in different categories of technical barriers to trade (TBTs) imposed on imports of goods in information and communications technology (ICT) globally affected the values, volumes, and unit values of imported goods during the period 1996-2019. Keywords cited in TBTs that are notified to the World Trade Organization (WTO) give an indication of the regulatory objectives behind the imposition of TBTs. MAST also classifies TBTs based on their applicability, procedural and administrative uses, factors which will also be taken into consideration in the analysis. However, objectives of TBTs may provide better insights to policymakers. TBTs are non-discriminatory measures that are imposed unilaterally on all trading partners and on domestic producers. It is not feasible to analyse unilateral TBTs in a gravity setting, as they are excluded by the introduction of country-product-time fixed effects that control for multilateral resistances. However, regulatory convergence in TBT categories is a bilateral time-varying variable that is analysed in a gravity model in this paper. The empirical results suggest that regulatory convergence between trading partners in some TBT categories stimulates import values and volumes. However, the impact is very heterogeneous across TBT objectives and classes and across ICT product categories.
Topic:
International Trade and Finance, Communications, World Trade Organization, Foreign Direct Investment, Regulation, Information Technology, and Competition
Political Geography:
Global Focus

15. Mastering the Digital Age: Understanding Artificial Intelligence and Regulation

Author:
Olivia J. Erdelyi
Publication Date:
03-2023
Content Type:
Journal Article
Journal:
Brown Journal of World Affairs
Institution:
Brown Journal of World Affairs
Abstract:
In recent years, news about a mysterious new technology referred to as artificial intelligence (AI) has been everywhere. Even for the most tech-averse individuals, it is virtually impossible to remain oblivious to AI’s existence. While there is positive news establishing a craving for it, blunders and scandals are not far behind, invoking the wrath of the public and calls for reigning in the ac- tors, mostly perceived to be tech companies, that endanger democratic rights. 1 Leveraging the benefits provided by modern information and communication technologies, people rush to take part in the public discourse of the hour, forming strong opinions before understanding the topic. While eye-catching headlines and impassioned debates continue to spread online, few understand the concept of AI. This scenario presents a problem, as mastering the digital age requires some AI literacy.
Topic:
Science and Technology, Regulation, Artificial Intelligence, and Digital Policy
Political Geography:
Global Focus

16. El espacio público como bien común. Seguridady convivencia ciudadana

Author:
Vicenç Aguado i Cudolà
Publication Date:
06-2023
Content Type:
Journal Article
Journal:
Journal on International Security Studies (RESI)
Institution:
International Security Studies Group (GESI) at the University of Granada
Abstract:
El espacio público constituye elámbitopara el uso y disfrutegeneralde todas las personas, en el ejercicio de sus derechos y libertades. Sin embargo, la regulación tradicional se ha orientado a concebirlo desde unas coordenadas esencialmente productivas, situación que ha llevado a la exclusión de la pobreza, su criminalización y estigmatización. En este sentido, deben enmarcarse las políticas de tolerancia cero, fruto del marco teórico propiciado bajo la metáforade las “ventanas rotas”, como fundamento de la represión de las infracciones de baja intensidad, así como el marco jurídico de las ordenanzas de convivencia ciudadana. En el presente trabajo se defiende la necesidad de configurar el espacio público en el marco de una ciudad de los cuidados, construyendo políticas públicas que permitan recuperar la ciudad para el conjunto de la ciudadanía. En este sentido, adquiere relevancia la configuración del espacio público, no solamente desde la idea de propiedad o titularidad públicaque comporta el dominio público, sino también desde su concepción como bien común que permite la participación de la ciudadanía en su gestión. La asunción de responsabilidades de la ciudadanía, de forma compartida con la Administración, puede constituir un instrumento para que el espacio público constituya un entorno seguro y respetuoso con el ejercicio de derechos y libertades. Se propone dotar de contenido concreto al derecho al espacio público como manifestación del derecho a la ciudad, que permita dar herramientas a la ciudadanía para garantizar su funcionalidad.De forma correlativa, la idea de responsabilidad comporta también la asunción de deberes por la ciudadanía que debería incorporar la legislación de régimen local. Asimismo, se examina el papel que pueden llevar a cabo las ordenanzas locales para garantizar este derecho al espacio público. Por último, se alude a la experiencia que se está implementando en los municipios de los agentes cívicos como medios que pueden contribuir a la realización de este derecho al espacio público.
Topic:
Regulation, Cities, Municipalities, Public Security, Public Space, and Coexistence
Political Geography:
Global Focus

17. Time to say goodbye? The impact of environmental regulation on foreign divestment

Author:
Haiou Mao, Holger Görg, and Guopei Fang
Publication Date:
09-2023
Content Type:
Working Paper
Institution:
Kiel Institute for the World Economy (IfW)
Abstract:
We look at divestments by foreign firms – a topic that has received comparatively little attention in the literature – and investigate how changes in the regulatory environment in the host country may impact on such divestment decisions. We use the implementation of China’s Two Control Zone (TCZ) policy as a “quasi-natural experiment”, using detailed firm level combined with city level data for the empirical analysis. Our results show that the implementation of TCZ policy has led to higher probabilities of divestments by foreign firms in targeted TCZ cities and industries. The mechanism behind this seems to be a TCZ-induced increase in discharge fees and efforts to reduce SO2 emissions. Allowing for heterogeneity of effects, we find that the effect is particularly strong for firms from source countries with less stringent environmental regulation, and those using less advanced technology. We furthermore show that firms using intermediates from polluting industries also experience a higher probability of divestment.
Topic:
Climate Change, Environment, Foreign Direct Investment, Regulation, Business, and Divestment
Political Geography:
China and Asia

18. Framing typologies of relations between State and violent non-state actor. From Systemic anarchy to systematic regulation

Author:
Zdeněk Ludvík
Publication Date:
10-2023
Content Type:
Journal Article
Journal:
Revista UNISCI/UNISCI Journal
Institution:
Unidad de investigación sobre seguridad y cooperación (UNISCI)
Abstract:
This article deals with the issue of violent non-state actors (VNSA). First, it shows that states have developed regulatory mechanisms to mitigate anarchy in the international system and create a less conflictual international order. It discusses why regulatory mechanisms have failed in the case of VNSA and have not been as effective as in the case of states. The article then presents empirical strategies that states can employ in the face of dysfunctional regulatory mechanisms, and considers their advantages and disadvantages. The need for selective use is emphasised, as only part of VNSA poses a security threat. The paper concludes by arguing that a combination of strategies is needed to provide a systemic and long-term solution to non-state violence. At the same time, it warns of the pitfalls that must be overcome.
Topic:
Non State Actors, Anarchy, Regulation, and State
Political Geography:
Global Focus

19. UK-EU regulatory divergence tracker Q3 2023

Author:
Joël Reland
Publication Date:
10-2023
Content Type:
Special Report
Institution:
UK in a Changing Europe, King's College London
Abstract:
UK in a Changing Europe’s series of regulatory divergence trackers provide an overview of where and how the UK has used its regulatory freedoms to diverge from EU regulation. It identifies and analyses the most significant cases of divergence between the UK and EU which have taken place since Brexit. It explains what the changes are, what impact they are having, and likely further consequences. This is the ninth edition of the regulatory divergence tracker, covering developments from August to October 2023. There are six cases of active divergence (where the UK, or some part of it, changes its rules); nine of passive divergence (where the EU changes its rules and the UK, or some part of it, does not follow); two of delayed divergence (where active divergence is delayed); and five of active alignment (where the UK takes steps to align more closely with EU rules, systems or programmes). In a what is now a recurring theme under Prime Minister Rishi Sunak, the UK has opted to delay some major cases of upcoming divergence.
Topic:
European Union, Regulation, and Divergence
Political Geography:
United Kingdom and Europe

20. UK-EU regulatory divergence tracker: eighth edition

Author:
Joël Reland
Publication Date:
07-2023
Content Type:
Special Report
Institution:
UK in a Changing Europe, King's College London
Abstract:
UK in a Changing Europe’s series of regulatory divergence trackers provide an overview of where and how the UK has used its newfound regulatory freedoms to diverge from EU regulation. It identifies and analyses the most significant cases of divergence between the UK and EU which have taken place since Brexit. It explains what the changes are, what impact they are having, and likely further consequences. This is the eighth edition of the UK in a Changing Europe’s regulatory divergence tracker, covering developments from April to July 2023. There are eleven cases of active divergence (where the UK, or some part of it, changes its rules); eight of passive divergence (where the EU changes its rules and the UK, or some part of it, does not follow); two of passive convergence (where the EU takes steps which align with UK rules); three of managed divergence (where the UK and EU make joint efforts to manage the implications of divergence); and one of internal divergence (changes in rules between different parts of the UK).
Topic:
European Union, Regulation, Brexit, and Divergence
Political Geography:
United Kingdom and Europe

21. UK-EU regulatory divergence tracker: seventh edition

Author:
Joël Reland
Publication Date:
05-2023
Content Type:
Special Report
Institution:
UK in a Changing Europe, King's College London
Abstract:
UK in a Changing Europe’s series of regulatory divergence trackers provide an overview of where and how the UK has used its newfound regulatory freedoms to diverge from EU regulation. It identifies and analyses the most significant cases of divergence between the UK and EU which have taken place since Brexit. It explains what the changes are, what impact they are having, and likely further consequences. This is the seventh edition of UK in a Changing Europe’s regulatory divergence tracker, covering developments since January 2023. There are seven cases of active divergence (where the UK, or some part of it, changes its rules); two of active convergence (where the UK, or some part of it, aligns to EU rules); 17 of passive divergence (where the EU changes its rules and the UK, or some part of it, does not follow); and one of internal divergence (changes in rules between different parts of the UK). In addition, the Windsor Framework is significant case of ‘managed divergence’: a UK-EU agreement which alters the regulatory border between Great Britain (GB) and Northern Ireland (NI), as created by the Protocol.
Topic:
European Union, Regulation, Brexit, and Divergence
Political Geography:
United Kingdom and Europe

22. UK-EU regulatory divergence tracker: sixth edition

Author:
UK in a Changing Europe
Publication Date:
02-2023
Content Type:
Special Report
Institution:
UK in a Changing Europe, King's College London
Abstract:
UK in a Changing Europe’s series of regulatory divergence trackers provide an overview of where and how the UK has used its newfound regulatory freedoms to diverge from EU regulation. It identifies and analyses the most significant cases of divergence between the UK and EU which have taken place since Brexit. It explains what the changes are, what impact they are having, and likely further consequences. This is the sixth edition of the divergence tracker, covering developments since October 2022. There are six cases of active divergence (where the UK or some part of it changes its rules), 13 of passive divergence (where the EU changes its rules and the UK, or some part of it, does not follow), two of active alignment (where the UK and EU take the same regulatory steps in parallel), and five of delayed divergence (where either side postpones an upcoming case of divergence). This edition of the tracker finds that the UK has engaged in less active divergence over the past quarter. This is due in part to political instability, but also to Prime Minister Sunak’s emphasis on calming the markets and projecting a wider sense of political stability. The new administration has signalled its ambition to reform EU legislation, though in a more targeted manner than under the two preceding premierships.
Topic:
European Union, Regulation, Brexit, and Divergence
Political Geography:
United Kingdom and Europe

23. Understanding the ASEAN Digital Economy Framework Agreement: A Means to Support ASEAN Integration

Author:
Mima Sefrina
Publication Date:
04-2023
Content Type:
Policy Brief
Institution:
Economic Research Institute for ASEAN and East Asia (ERIA)
Abstract:
The coronavirus disease (COVID-19) pandemic has accelerated the importance of digital technologies in the economy, particularly in e-commerce and digital financial services. Recognising the importance of digital technologies for economic recovery, the Association of Southeast Asian Nations (ASEAN) leaders signed the Bandar Seri Begawan Roadmap in 2021, which laid the foundation for the integration of the ASEAN digital economy in three phases – recovery, implementation, and transformation – and affirmed their interest in the establishment of a Digital Economy Framework Agreement (DEFA). The DEFA aims to deepen existing digital economy cooperation and ensure the interoperability of digital economy systems. The formulation and signing of the DEFA will require the provision of flexible timelines and technical assistance, as the ASEAN Digital Integration Index shows that ASEAN is still in the early stages of digital economy development and that ASEAN Member States are at different levels of readiness for digital economy integration.
Topic:
Governance, Regulation, Digital Economy, Regional Integration, and ASEAN
Political Geography:
Southeast Asia

24. Development of the Blue Economy in Viet Nam

Author:
Vo Tri Thanh
Publication Date:
06-2023
Content Type:
Policy Brief
Institution:
Economic Research Institute for ASEAN and East Asia (ERIA)
Abstract:
Viet Nam is exploring various models to promote long-term economic growth and sustainable development, including the blue economy. Viet Nam’s policy documents have no formal definition of the marine economy or the newer concept of the blue economy. However, the policy documents have increasingly captured the essence of the blue economy, especially related to sustainable development. While lacking frequent updates and sufficient scope, the available statistics show the importance of the marine economy in the country. Viet Nam has various advantages for blue economy development, including high levels of sea traffic, a large sea area, a long coastline, and abundant marine resources. New opportunities for blue economy development can arise from consumers’ attention to sustainable development, improvement of the related legal framework, and cooperation with partners and foreign investors. However, Viet Nam needs to improve the awareness of local authorities and people, strengthen institutions for blue economy development, and upgrade the capacity to forecast and warn of natural disasters and climate change at sea, including via international cooperation.
Topic:
Governance, Regulation, Sustainability, ASEAN, and Blue Economy
Political Geography:
Vietnam and Southeast Asia

25. Malaysia’s Blue Economy: Position, Initiatives, and Challenges

Author:
Abdul Hafizh Mohd Azam, Muhamad Rias K.V. Zainuddin, and Tamat Sarmidi
Publication Date:
07-2023
Content Type:
Policy Brief
Institution:
Economic Research Institute for ASEAN and East Asia (ERIA)
Abstract:
Malaysia leverages the economic activities in and around its oceans, seas, and coastal areas, as its maritime space is double the country’s land area. The marine-based or blue economy contributes about 23% of Malaysia’s GDP. Realising the importance of the blue economy led Malaysian policymakers to incorporate the concept of the blue economy in the Twelfth Malaysia Plan, which was developed in consultation with relevant ministries and organisations. Although the blue economy has been identified as a key area of growth for Malaysia, its development faces numerous challenges such as the absence of a comprehensive national ocean policy and marine spatial plan, overlapping jurisdiction amongst government agencies, and shortage of labour. Thus, a systematic approach is necessary to analyse the gaps in the ‘8i-ecosystem’ to ensure the effective development and management of Malaysia's blue economy. To ensure that the initiatives for the blue economy in Malaysia are on track and delivering the intended outcomes, appropriate monitoring and evaluation approaches and mechanisms must be in place.
Topic:
Governance, Regulation, Services, Trade, ASEAN, and Blue Economy
Political Geography:
Malaysia and Southeast Asia

26. Developing the Blue Economy in Indonesia

Author:
Keanu Can Can and Teguh Dartano
Publication Date:
08-2023
Content Type:
Policy Brief
Institution:
Economic Research Institute for ASEAN and East Asia (ERIA)
Abstract:
During Indonesia’s chairmanship of ASEAN in 2023, it has highlighted the blue economy as a key sector for the region’s sustainable future. A greener and bluer economy requires both environmental and societal balance. In prioritising the sector, Indonesia recognises both the steep challenges and the abundant potential associated with the blue economy, alongside the need for international and inter-sectoral cooperation to fully leverage the sector’s capacity for a more inclusive and equitable future. This brief explores Indonesia’s existing progress in harnessing its blue economy, what challenges lie ahead, and what strategic initiatives Indonesia must undertake to pave a pathway towards a blue economic transformation.
Topic:
Infrastructure, Governance, Regulation, and Blue Economy
Political Geography:
Indonesia and Southeast Asia

27. Productivity Effects of Viet Nam’s Rice Land Restrictions

Author:
Peter Warr and Huy Quynh Nguyen
Publication Date:
03-2023
Content Type:
Working Paper
Institution:
Economic Research Institute for ASEAN and East Asia (ERIA)
Abstract:
Viet Nam’s 1986 programme of market-oriented economic reforms did not include the freedom of farmers to choose their crops independently. Large areas of land remain restricted to rice production. This paper studies the effects of this policy on agricultural productivity, using panel data from the Viet Nam Access to Resources Household Survey (VARHS), covering the years 2008 to 2016. The econometrics uses fixed effects methods with and without the additional use of instrumental variable methods to allow for the possible statistical endogeneity of the restrictions. The findings are that the crop choice restrictions reduced the overall productivity of annual crop land by about 5%, reduced the overall productivity of farm labour by about 8% and reduced the mean incomes of farm households by 5%–6%, implying increased levels of rural poverty. Moreover, rice output would have been no lower if the restrictions were removed.
Topic:
Agriculture, Development, Governance, Regulation, Land, and Productivity
Political Geography:
Vietnam and Southeast Asia

28. Divergence in Non-Tariff Measures and the Quality of Traded Products

Author:
Doan Thi Thanh Ha, Kunhyui Kim, and Mahdi Ghodsi
Publication Date:
05-2023
Content Type:
Working Paper
Institution:
Economic Research Institute for ASEAN and East Asia (ERIA)
Abstract:
Non-tariff measures (NTMs) constitute a grey area where trade policy meets public policy goals. NTMs comprise a diverse set of regulatory policy measures, including testing and certification, rather than traditional international trade policy measures such as tariffs or tariff-rate quotas. Regulatory NTMs protect plants, animals, humans, and consumers from imported harmful products containing diseases; regulate the use of hazardous substances in production; ensure conformity with common standards; and protect the environment. Trade literature has focused on the impact of NTMs on trade flows, whereas few studies address the potential welfare-improving effects of these measures. This paper fills this gap by examining the relationship between NTM applications and the quality of traded products. Two questions are addressed. First, do more or additional burdens of NTMs in the foreign market incur a higher quality of exported products? Second, is the quality impact of NTMs in different sectors different between food and other manufacturing goods? We adopt a recently developed indicator to capture the additional requirements for exporters stemming from importers’ imposition of NTMs, and a quality estimator that controls for price. Our empirical results indicate that, overall, divergence in sanitary and phytosanitary (SPS) measures between the two trading partners reduces the quality of traded goods. Furthermore, while the divergence in SPS measures reduces the quality of traded goods in the manufacturing sector, the divergence in technical barriers to trade shows no statistically significant impact on the quality of traded goods between the two trading partners. The results imply that additional costs from technical barriers to trade are negligible compared with those from SPS measures in the manufacturing sector.
Topic:
Regulation, Tariffs, Public Policy, and Trade
Political Geography:
Global Focus

29. Accelerating AI in ASEAN: Addressing Disparities, Challenges, and Regional Policy Imperatives

Author:
Ikumo Isono and Hilmy Prilliadi
Publication Date:
11-2023
Content Type:
Working Paper
Institution:
Economic Research Institute for ASEAN and East Asia (ERIA)
Abstract:
Artificial intelligence (AI) is attracting significant attention worldwide in 2023 because of its potential to transform economies and societies. The Association of Southeast Asian Nations (ASEAN) must accelerate the debate on AI for five compelling reasons. First, narrowing the gaps in AI readiness within ASEAN is essential to share the benefits of AI equitably. Second, there are concerns that rapid advances in AI could result in job loss, and retraining is needed. Third, AI systems must be developed from an ASEAN-centric perspective to overcome prejudice and align AI with ASEAN values. Fourth, as developed countries implement AI regulations, ASEAN needs to consider the need for its own regional policies. Finally, now is the perfect time to discuss the positioning of AI in the regional framework as ASEAN’s digital integration initiative progresses. The paper discusses the significance of AI in 2023, the challenges in ASEAN, the need for its own policies, and policy recommendations.
Topic:
Science and Technology, Regulation, Human Capital, Innovation, Artificial Intelligence, and ASEAN
Political Geography:
Southeast Asia

30. Plurilateral Controls and a New Export Control Regime are Needed to Make Export Controls More Effective and Less Counterproductive

Author:
Kevin Wolf
Publication Date:
12-2023
Content Type:
Journal Article
Journal:
Fletcher Security Review
Institution:
The Fletcher School, Tufts University
Abstract:
If the first rule of export control regulation is to define clearly the problem to be solved, the second, with some exceptions, is to ensure that the rule is both effective and not counterproductive. By “effective,” I mean that the rule actually stops or hinders the end users of concern from getting the items at issue from any source. My reference to “not counterproductive” means ensuring that foreign competitors of U.S. companies do not gain outsized advantages in markets to which U.S. firms no longer have access thanks to export controls. The income gained in these instances could allow the foreign competitors to out-innovate, out-compete, or even displace entirely the U.S. company. The exceptions pertain to situations where the U.S. should impose a unilateral control to express objection to and not otherwise support human rights violations or move quickly when the issue to be addressed is urgent, particularly if there is a threat to the warfighter. In both cases, the point remains that the eventual adoption of multilateral or plurilateral controls will make them more effective.
Topic:
Regulation, Exports, Unilateralism, and Economic Competition
Political Geography:
North America, Global Focus, and United States of America

31. Cooperative Federalism in India: Statutory Regulatory Authorities and the Federal System in India

Author:
K. P. Krishnan, Amrita Pillai, and Karan Gulati
Publication Date:
02-2023
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
Since the 1990s, there has been a marked expansion of the regulatory state in India. Statutory Regulatory Authorities (SRAs) are empowered to create and enforce regulations in their respective fields and often have the authority to issue licenses, conduct inspections, and take enforcement action against individuals or organisations that violate their regulations. This essay recognises the twin-deficit issue with SRAs in India. It focuses on the federal deficit issue and resists exploring the more obvious democratic deficit in them. Our analysis shows that over the twenty-three-year period between 1999 and 2022, the Rajya Sabha (Council of States) has reviewed 4 regulations by SRAs. For context, the securities regulator has issued 661 regulations since its inception in 1992. Such a federal deficit of a lack of State representation disallows decentralisation and restricts means for individuals and communities to have a greater say in the decisions that affect their lives.
Topic:
Governance, Regulation, Deficit, Domestic Policy, and Cooperative Federalism
Political Geography:
South Asia and India

32. India’s Regulatory Shift: An Examination of Five Agencies of the Post- Liberalisation Era

Author:
Arkaja Singh
Publication Date:
02-2023
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
This paper explores the design of Indian regulatory agencies established post-liberalisation from an administrative perspective. Regulatory agencies were set up to replace state inefficiencies, and to discipline profligate state agencies, even as much as they were a response to state-market reorganisations and the challenge of privatization. Regulation provided an opportunity for upper levels of the Indian bureaucratic state to recast their power, with the idea that it would provide a framework for economic rationality, independence and technical specialization to take centre-stage. In actual practice however, the design of each of the regulatory agencies is shaped largely by pre-existing legal frameworks and institutions, and the agencies have remained quite tied in with their counterpart departments and on retired bureaucrats. However, in spite of these limitations, these agencies have some common features imbued by legislative mandate and organisational design which are unique in the context of the Indian state. They have focus and stability, a degree of functional independence, and most importantly, a concentration of power, which enables them to think through and implement complex policy transitions from multi-year and context-specific perspectives. The paper builds on learnings from a series of conversations with regulatory agency chairpersons in order to identify what regulatory governance is, in terms of the powers and mandate of the regulatory agencies and what makes them distinctive from the rest of public administration.
Topic:
Markets, Governance, Regulation, Bureaucracy, and Liberalization
Political Geography:
South Asia and India

33. Regulating Air Quality at an Airshed Level in India

Author:
Shibani Ghosh, Bhargav Krishna, and Abinaya Sekar
Publication Date:
08-2023
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
Air pollution is a pan-India problem, and whether viewed in terms of pollution sources or exposure, there is no reason to continue an urban-focus in air pollution mitigation measures. It is imperative for air quality governance in India to transition from a city-centric approach to an airshed approach. As resources to address the pollution crisis are scarce, a coordinated effort across a region, that supports consistent and uniform measures against similar pollution sources, is likely to lead to greater gains in terms of air quality. In this Paper, we unpack some of the key issues relating to airshed-level governance and what is required to make that transition in India. The current regulatory set-up is designed to primarily focus on point sources, and the jurisdictional mandate of regulatory bodies aligns with state or city boundaries. To effectively regulate pollution and reduce pollution exposure, changes need to be introduced to this regulatory architecture, making it adopt an airshed-level approach. To begin with, airsheds have to be demarcated based on several criteria. However, there is sufficient literature available to initiate necessary reform measures, and the transition to an airshed or regional approach is not contingent on perfect airshed demarcation. We propose that airsheds be notified under the Air Act by the State Governments as ‘air pollution control areas’, and the Union Government may constitute, through notification, multi-stakeholder institutions for each airshed under the EP Act. We have outlined the composition of such an institution, its powers, roles, and responsibilities. It will be a focal point for standard setting, policy guidance, planning and knowledge generation for the airshed, while not being involved in enforcement. A key ingredient for successful airshed-level governance is effective accountability mechanisms that ensure compliance by actors across the region. We envisage a role for the Union Government under the EP Act as well as for the National Green Tribunal in this regard.
Topic:
Governance, Regulation, Domestic Policy, and Air Pollution
Political Geography:
South Asia and India

34. A Health-Centred Framework for Establishing Ambient Air Quality Standards

Author:
Bhargav Krishna and Abinaya Sekar
Publication Date:
09-2023
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
Air quality standards are primarily health-based standards that define the ambient concentration of air pollution to which the public can be exposed without suffering harm to their health. In India, the Central Pollution Control Board (CPCB) is tasked with setting the National Ambient Air Quality Standards (NAAQS) under the Air (Prevention and Control of Pollution) Act of 1981. The NAAQS were first established in 1982 for four pollutants (suspended particulate matter, nitrogen dioxide, sulphur dioxide and carbon monoxide) and subsequently revised in 1994 and 1998 to include several more. The current iteration of the NAAQS were notified in 2009 and were aligned with the World Health Organization’s (WHO) interim air quality guidelines. The most recent revision of the WHO guidelines for ambient air quality in September 2021 rendered the NAAQS as substantially weaker in comparison. The alignment of the NAAQS with these global guidelines will require integration of the wealth of new health data generated since 2009 on the deleterious effects of air pollution on health both locally and globally. The 2009 NAAQS revisions were notified through the Gazette of India with no contextual information provided on the composition of the committee tasked with the revisions, or on the kind of data or information used by the committee to draw its conclusions on the acceptable levels of exposure to various pollutants. In August 2021, the CPCB convened a committee to review and update the NAAQS. The committee’s wide-ranging remit includes an assessment of the health risks of air pollution, establishing guidelines for monitoring, identifying non-attainment areas, and revising the Air Quality Index (AQI) through which health risks are communicated to the public.
Topic:
Regulation, Public Health, and Air Pollution
Political Geography:
South Asia and India

35. Forests, foreign policy and trade

Author:
Johannes Weberling
Publication Date:
11-2023
Content Type:
Commentary and Analysis
Institution:
Centre for European Policy Studies (CEPS)
Abstract:
The EU’s Regulation for Deforestation-free Products (EUDR) marks an important milestone in addressing demand-side deforestation governance, being the first regulation targeting deforestation driven by agriculture. Yet it must be understood as more than an effort to protect the world’s forests – it showcases the European Commission unilaterally acting to promote values and policy ideas abroad. It displays issues of transnational social justice and power discrepancies, shedding light on shifting market power dynamics in global structures. And it questions the EU’s standing as a trustworthy partner on the international stage as well as its relationships with important producer countries. Analysing the EUDR from these angles offers valuable insights that can be transferred to other due diligence instruments that are currently being drafted or negotiated, such as the Corporate Sustainability Due Diligence Directive (CSDDD). Unilateral action may provide a semblance of control but is by nature limited in the depth of scope. As its market influence wanes, the need for the EU to position itself as a reliable partner becomes increasingly important. To prevent leakage, demand-side measures such as the EUDR must be paired with supply-side measures. The EUDR’s success will hinge on careful and efficient implementation, accompanied by meaningful consultations and engagements with producer countries. Overall, prioritising the external dimensions of such legislation must first and foremost uphold trust and strengthen collaborative relationships with partner countries.
Topic:
Foreign Policy, Regulation, Trade, Forest, and Deforestation
Political Geography:
Europe

36. Gold in Ghana: A Story of Unbalanced Exchange

Author:
Léonce Ndikumana and William Godfred Cantah
Publication Date:
09-2023
Content Type:
Working Paper
Institution:
Political Economy Research Institute (PERI), University of Massachusetts Amherst
Abstract:
his paper presents the historical and institutional context of the development of the gold sector in Ghana, which sets the stage for examining the contribution of the sector to the economy and its exposure to capital flight. The analysis sheds light on the important role that the regulatory framework and the fiscal regime that govern the gold sector have played in perpetuating a system of unequal distribution of gains from gold exploitation in terms of tax revenue and foreign exchange earnings in favour of foreign gold companies. The statistical analysis of gold export statistics reveals substantial discrepancies between Ghana’s gold exports and the recorded value of imports by its trading partners. These differences point to export underinvoicing as a conduit of capital flight, while also exhibiting a systematic lack of transparency and inconsistencies vis-a-vis established international conventions governing the recording of trade transactions, especially in the case of gold destined for South Africa which does not show up in the latter’s import statistics. Overall, the analysis suggests that the gains from the gold sector remain much below potential, but that at the same time there may be room for reforms that can improve the benefits from gold exploitation for the country.
Topic:
Development, Regulation, Capital Flight, Exchange Rates, and Gold
Political Geography:
Africa, South Africa, and Ghana

37. Implications of the European Union’s Digital Regulations on U.S. and EU Economic and Strategic Interests

Author:
Kati Suominen
Publication Date:
11-2022
Content Type:
Special Report
Institution:
Center for Strategic and International Studies
Abstract:
In recent months, the European Union has adopted several sweeping digital regulations, such as the Digital Services Act (DSA) and Digital Markets Act (DMA), while proposing a number of new measures—including the Data Act, the Artificial Intelligence Act, and the Media Freedom Act. These regulations will shape, likely quite dramatically, the environment for doing digital business in Europe and beyond. They will have profound implications on the leading U.S. digital service providers designated by the European Union as “gatekeepers”—large digital services providers that are expected to adhere to regulatory requirements—as well as these companies’ hundreds of millions of transatlantic European business and individual customers. By impacting primarily U.S. companies instead of Asian or European ones, Europe’s digital policies will also shape U.S. and European global strategic and national security interests. This study will assess the potential implications of new and proposed EU digital acts on U.S. digital service providers, on their customers in Europe and the United States, and on the EU and U.S. economies and exports.
Topic:
European Union, Regulation, Regionalism, Strategic Interests, and Digitalization
Political Geography:
Europe, North America, and United States of America

38. Regulating the International Digital Economy, with Trade and Innovation in Mind

Author:
Douglas Lippoldt
Publication Date:
06-2022
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
The international digital economy is growing rapidly, and the fragmented governance framework is struggling to keep pace. Global entities such as the World Trade Organization and regional trade agreements offer a patchwork approach to governance. This paper illustrates the importance of governance in relation to private-sector innovation and recommends next steps to enhance governance, close gaps and promote further innovation. Better definition and international alignment of the framework for governance of digital trade and data could lead to greater privacy, trust and security.
Topic:
International Cooperation, International Trade and Finance, Regulation, Digital Economy, and Innovation
Political Geography:
Global Focus

39. Merger Policy for a Dynamic and Digital Canadian Economy

Author:
Keldon Bester
Publication Date:
09-2022
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
As an element of competition and antitrust law frameworks, merger policy plays an important role in preventing acquisitions that would otherwise allow incumbent firms to extinguish competitive threats and entrench their dominance. But evidence suggests that current approaches to merger law in Canada and abroad have underestimated the harms these transactions can pose to competition and overestimated the effectiveness of the remedies intended to mitigate those harms. Although relevant across the Canadian economy, this permissive treatment of mergers is particularly pronounced in digital markets, where platform business models, the importance of potential competitors and the role of intangible assets such as data as a barrier to entry test the assumptions underlying the country’s merger law. Canada’s current law and jurisprudence mean the Competition Bureau, Canada’s sole competition authority, is limited in its ability to detect potentially harmful transactions, faces material barriers to intervening and fully remedying the harms of those transactions, and is unable to assess the outcome of previous action or inaction. This paper provides recommendations for Canada to ensure its merger law is calibrated for a modern economy.
Topic:
Economics, Regulation, Digital Economy, and Digitalization
Political Geography:
Canada and North America

40. A Two-Track Approach for Trustworthy AI

Author:
Michel Girard
Publication Date:
06-2022
Content Type:
Policy Brief
Institution:
Centre for International Governance Innovation
Abstract:
Standards and certification programs are developed to support new trustworthy artificial intelligence (AI) legislation. Recent developments point to the emergence of a two-track approach. One track would focus on the certification of AI applications embedded in tangible products using objective criteria through established conformity assessment bodies. Regarding AI interacting with humans and used in delivering services, there is a need to create a new track. This track is needed to verify and validate compliance against subjective criteria, values and ethics, seen by many as an integral part of what constitutes trustworthy AI. The practice of “assurance as a service” can be adapted to verify and validate conformance to upcoming trustworthy AI standards. This policy brief provides an update on key legislative and policy developments framing trustworthy AI. It sketches possible approaches for the certification, verification and validation of AI embedded in products and in services and looks at recent proposals regarding the creation of a new chartered profession to deliver assurance services to achieve trustworthy AI.
Topic:
Science and Technology, Regulation, Artificial Intelligence, Emerging Technology, and Trust
Political Geography:
Global Focus

41. Beyond the Brussels Effect: Supporting the International Case for a Value-based Digital Market

Author:
Susanna M. Sprague
Publication Date:
06-2022
Content Type:
Policy Brief
Institution:
EGMONT - The Royal Institute for International Relations
Abstract:
Building a strong European Single Market represents a major effort and challenge to the European Union. It must encompass and respond to the dramatic ways in which digital technologies are changing our businesses, societies, and behaviors. The EU is not alone in its need to grapple with issues such as privacy, misinformation, consumer protection, and anti-competitive practices online while protecting fundamental rights. However, the EU also has an important and unique position as a major market, with many international partners. It is determined to ensure its economy will be based on its values as reflected in its laws.
Topic:
Regional Cooperation, European Union, Regulation, and Digitalization
Political Geography:
Europe

42. Large-Scale Land Deals and Social Conflict: Evidence and Policy Implications

Author:
Alexander De Juan, Daniel Geissel, Jann Lay, and Rebecca Lohmann
Publication Date:
05-2022
Content Type:
Working Paper
Institution:
German Institute of Global and Area Studies
Abstract:
How do large-scale land acquisitions (LSLAs) increase the risk of conflict, and what kind of policies can mitigate this effect? We address these questions with a systematic and poli-cy-oriented synthesis of prior research. First, we suggest a simple conceptual framework linking LSLAs to social conflict through relative deprivation. Second, we present empirical evidence on the associations between land investments and social conflict, drawing on pre-existing quantitative and qualitative studies as well as on own descriptive analyses and case studies. Taken together, this evidence suggests that conflicts accompany a sub-stantive share of LSLAs (10 to 20 percent). Specifically, contentious dynamics often start with violations of community interests, which spur largely peaceful community protests that trigger coercion and violence at the hands of armed actors associated with national governments and investors. Third, we develop a set of policy recommendations in high-lighting the need for thorough regulatory frameworks, meaningful consultation, and full transparency.
Topic:
Reform, Regulation, Conflict, Transparency, Land, and Community
Political Geography:
Global Focus

43. Local community views on Marine Protected Areas on Greek islands

Author:
Lydia Avrami, Nicolas Demertzis, Antonis Armenakis, and Dmitra Syrou
Publication Date:
04-2022
Content Type:
Working Paper
Institution:
Hellenic Foundation for European and Foreign Policy (ELIAMEP)
Abstract:
Marine Protected Areas (MPAs) are usually designated in areas with intense human activity. An MPA is therefore a complex socioeconomic system whose success and/or failure, and ability to deliver environmental, social and economic benefits, depend on local communities and their sensitivities. This paper examines how recently designated MPAs on three islands in the Cyclades group (Kythnos, Milos and Santorini), with differently structured local economies and levels of touristic development, are perceived by their local communities. Data are drawn from a phone survey of local residents, and the results show that the awareness, attitudes and perceptions of the local groups differ significantly depending on the area and their stake in the MPA. How much local communities know about the MPA regulatory framework and its location, past experiences and socioeconomic factors are deemed good predictors for the local communities’ behaviors towards the MPAs. The positive interplay between the operation of an MPA and the development of scuba diving is also acknowledged, although the perceived trade-off between marine protection and fishers’ revenue remains the main challenge facing MPA implementation. The paper’s findings highlight the urgent need to deal with the information and knowledge deficit, and to bridge the gap between the perceptions and expectations of local communities and the MPAs’ actual output. Applying a participatory approach to MPA decision-making and operation would build capacity for effective implementation. Thus, the delimitation of the protection zones within the MPAs, and the provision of specific constraints, should be based on both ecological and socioeconomic criteria.
Topic:
Environment, Natural Resources, Public Opinion, Regulation, and Ecology
Political Geography:
Europe and Greece

44. Building public trust to successfully deploy AI in EU healthcare

Author:
Danielle Brady
Publication Date:
01-2022
Content Type:
Policy Brief
Institution:
European Policy Centre (EPC)
Abstract:
COVID-19 has underscored the importance of digital health: the digitalisation of healthcare would improve health systems’ resilience and service delivery, empower citizens, and bolster research and innovation. However, despite the many benefits of introducing technologies like artificial intelligence (AI) into the European healthcare sector, it also raises questions on its impact on the healthcare workers, the potential for new inequalities, privacy issues and public trust. Not to mention, broader questions on the ethics and social implications of AI. The EU’s Proposal for a Regulation Laying Down Harmonised Rules on Artificial Intelligence and the European Health Data Space address many of these concerns, but cannot combat them all alone. Without public trust, acceptance and understanding, AI’s full potential in healthcare will not be realised. Attention must be given to the communication of the benefits of AI in healthcare to the public, Europeans’ digital literacy, the upskilling of the EU health workforce, and the investment in AI technologies. Clear and convincing explanations regarding AI use in healthcare are required so that citizens understand their benefit and trust that their personal data will be handled safely. If the EU and its member states fail to build trust in the deployment of AI in healthcare, Europe will miss a chance to reap all the benefits that AI offers to its citizens and their health.
Topic:
Health, European Union, Regulation, Artificial Intelligence, COVID-19, Digitization, and Trust
Political Geography:
Europe

45. Barriers to Effective Whistleblowing in Botswana: Lessons from the Construction Industry

Author:
Marumo Omotoye
Publication Date:
01-2022
Content Type:
Policy Brief
Institution:
Botswana Institute for Development Policy Analysis
Abstract:
Adopting Botswana’s construction industry as a case study, this Policy Brief examines key barriers to effective whistleblowing in Botswana. Data were drawn from 117 construction firms and interviews with regulators of this sector. Despite the enactment of the Whistleblowing Act 2016, the study finds the following key barriers to effective whistleblowing: (i) fear of retaliation or punishment, (ii) fear of job loss, (iii) absence of organisational whistleblowing policies, (iv) lack of incentive to report, (v) lack of education on whistleblowing, and (vi) insufficient action and follow-up on disclosures by authorities. From a policy perspective, there is a need to strengthen the existing legal protection offered to whistleblowers, their families and associates to ensure they are not subject to harm, retaliation or victimisation. There is also a need to increase levels of education and awareness on whistleblowing in general, and the Whistleblowing Act 2016 in particular.
Topic:
Corruption, Regulation, Whistle Blowing, and Construction
Political Geography:
Africa and Botswana

46. Piercing the Chinese Wall in Zrenjanin – Civic Activism VS. Linglong

Author:
Ivan Zivkov
Publication Date:
06-2022
Content Type:
Case Study
Institution:
Belgrade Centre for Security Policy
Abstract:
What are the problems when it comes to the construction of the Linglong factory in Zrenjanin and how did the activists try to improve that process through institutions? Find out in the case study written by Ivan Zivkov. The violation of many regulations, abuse of public powers, disregard for civil rights and extreme lenience of the national, provincial and local authorities to one investor make up the so-far experience with the Chinese Linglong company building an enormous tyre factory near Zrenjanin. The Prosecutor’s Office and the Administrative Court have ignored the criminal charges and applications related to the construction of that factory. The public in Serbia is deprived of the knowledge on how the operations of the tyre manufacturer will impact the environment, food produced in it, the nearby special reservation of “Carska bara” and the health of the people living there. Dissemination of information on these problems is made difficult because the pro-regime media ignore them or sweep them under the carpet. The monitoring of the Linglong company’s investment and its consequences on Zrenjanin and Serbia during the past three years is systematically conducted only by civic activists, with assistance of several associations and independent media.
Topic:
Foreign Aid, Regulation, Civic Engagement, and Activim
Political Geography:
Europe and Serbia

47. UK-EU regulatory divergence tracker: third edition

Author:
Joël Reland, Jill Rutter, and Anand Menon
Publication Date:
03-2022
Content Type:
Special Report
Institution:
UK in a Changing Europe, King's College London
Abstract:
This is the third edition of the UK in a Changing Europe’s UK-EU regulatory divergence tracker, covering 27 cases of divergence since December 2021. There are fourteen cases of active divergence (where the UK – or some part of it – takes steps to move away from retained EU law), ten of passive divergence (where the EU legislates and the UK – or some part – does not follow), and three of procedural divergence (where the UK has to introduce new systems to manage policy absent substantive divergence). There are also eleven cases with an additional ‘internal impact’ label, to indicate where UK-EU divergence is leading either to divergence in regulation between different parts of the UK, or has some other impact on the operation of relations between the four UK governments.
Topic:
European Union, Regulation, and Brexit
Political Geography:
United Kingdom and Europe

48. UK-EU regulatory divergence tracker: fourth edition

Author:
UK in a Changing Europe
Publication Date:
07-2022
Content Type:
Special Report
Institution:
UK in a Changing Europe, King's College London
Abstract:
UK in a Changing Europe’s series of regulatory divergence trackers provide an overview of where and how the UK has used its newfound regulatory freedoms to diverge from EU regulation. It identifies and analyses the most significant cases of divergence between the UK and EU which have taken place since Brexit. It explains what the changes are, what impact they are having, and likely further consequences. This is the fourth edition of the tracker, covering changes which have taken place since March 2022.
Topic:
European Union, Regulation, and Brexit
Political Geography:
United Kingdom and Europe

49. UK-EU regulatory divergence tracker: fifth edition

Author:
UK in a Changing Europe
Publication Date:
10-2022
Content Type:
Special Report
Institution:
UK in a Changing Europe, King's College London
Abstract:
UK in a Changing Europe’s series of regulatory divergence trackers provide an overview of where and how the UK has used its newfound regulatory freedoms to diverge from EU regulation. It identifies and analyses the most significant cases of divergence between the UK and EU which have taken place since Brexit. It explains what the changes are, what impact they are having, and likely further consequences. This is the fifth edition of the tracker, covering changes which have taken place since May 2022. It finds there are 13 cases of active divergence (where the UK or some part of it changes its rules), nine of passive divergence (where the EU changes its rules and the UK does not follow), and three of procedural divergence (changes in the systems for managing pre-existing divergence). In addition, there are two cases of a new category – legal action – where the actions of one side result in the other initiating a legal dispute.
Topic:
European Union, Regulation, and Brexit
Political Geography:
United Kingdom and Europe

50. Doing things differently? Policy after Brexit

Author:
UK in a Changing Europe
Publication Date:
01-2022
Content Type:
Special Report
Institution:
UK in a Changing Europe, King's College London
Abstract:
Brexit is done, but what does it mean? Doing things differently? Policy after Brexit brings together a number experts in their respective fields to investigate how policy and policymaking have changed in a range of sectors. We asked them to consider how changes so far compare to what was promised before Brexit, and to analyse what changes lie ahead and what their impact might be. Their contributions are divided into three sections: first, those policy areas (trade, immigration, agriculture, fisheries and subsidies) where Brexit compelled the UK to put in place alternative policies. Second, those retaining significant amounts of EU law where the government could think seriously about divergence (financial services, procurement, taxation, consumer protection, environmental policy, energy policy and aviation). A final section considers new or emergent sectors in which both the UK and EU are looking to dip their regulatory toes (climate change and net zero, data and digital, autonomous vehicles and bioscience).
Topic:
Agriculture, Immigration, European Union, Regulation, Brexit, Trade, Fishing, Subsidies, and Policymaking
Political Geography:
United Kingdom and Europe

51. AI Audit-Washing and Accountability

Author:
Ellen P. Goodman
Publication Date:
11-2022
Content Type:
Working Paper
Institution:
German Marshall Fund of the United States (GMFUS)
Abstract:
We are still some distance from a worldwide robot takeover, but artificial intelligence (AI)—the training of computer systems with large data sets to make decisions and solve problems—is revolutionizing the way governments and societies function. AI has enormous potential: accelerating innovation, unlocking new value from data, and increasing productivity by freeing us from mundane tasks. AI can draw new inferences from health data to foster breakthroughs in cancer screening or improve climate modeling and early-warning systems for extreme weather or emergency situations. As we seek solutions to today’s vexing problems—climate disruption, social inequality, health crises—AI will be central. Its centrality requires that stakeholders exercise greater governance over AI and hold AI systems accountable for their potential harms, including discriminatory impact, opacity, error, insecurity, privacy violations, and disempowerment. In this context, calls for audits to assess the impact of algorithmic decision-making systems and expose and mitigate related harms are proliferating1 , accompanied by the rise of an algorithmic auditing industry and legal codification. These are welcome developments. Audits can provide a flexible co-regulatory solution, allowing necessary innovation in AI while increasing transparency and accountability. AI is a crucial element of the growing tech competition between authoritarian and democratic states—and ensuring that AI is accountable and trusted is a key part of ensuring democratic advantage. Clear standards for trustworthy AI will help the United States remain a center of innovation and shape technology to democratic values. The “algorithmic audit” nevertheless remains ill-defined and inexact, whether concerning social media platforms or AI systems generally. The risk is significant that inadequate audits will obscure problems with algorithmic systems and create a permission structure around poorly designed or implemented AI. A poorly designed or executed audit is at best meaningless and at worst even excuses harms that the audits claim to mitigate. Inadequate audits or those without clear standards provide false assurance of compliance with norms and laws, “audit-washing” problematic or illegal practices. Like green-washing and ethics-washing before, the audited entity can claim credit without doing the work. To address these risks, this paper identifies the core questions that need answering to make algorithmic audits a reliable AI accountability mechanism. The “who” of audits includes the person or organization conducting the audit, with clearly defined qualifications, conditions for data access, and guardrails for internal audits. The “what” includes the type and scope of audit, including its position within a larger sociotechnical system. The “why” covers audit objectives, whether narrow legal standards or broader ethical goals, essential for audit comparison. Finally, the “how” includes a clear articulation of audit standards, an important baseline for the development of audit certification mechanisms and to guard against audit-washing. Algorithmic audits have the potential to transform the way technology works in the 21st century, much as financial audits transformed the way businesses operated in the 20th century. They will take different forms, either within a sector or across sectors, especially for systems which pose the highest risk. But as algorithmic audits are encoded into law or adopted voluntarily as part of corporate social responsibility, the audit industry must arrive at shared understandings and expectations of audit goals and procedures. This paper provides such an outline so that truly meaningful algorithmic audits can take their deserved place in AI governance frameworks.
Topic:
Science and Technology, Cybersecurity, Democracy, Regulation, Accountability, and Artificial Intelligence
Political Geography:
Global Focus

52. Decoding China’s “Common Prosperity” Drive

Author:
Xin Sun
Publication Date:
04-2022
Content Type:
Working Paper
Institution:
LSE IDEAS
Abstract:
The term “common prosperity” has quickly risen to prominence in Chinese domestic politics amid an intense regulatory crackdown on China’s leading tech companies. However, this new policy agenda offers no clear road map or explicit policy instructions, giving way to various interpretations which while insightful do not depict the complete picture. In this strategic update, Xin Sun argues that the fundamental purpose of common prosperity is to support a new political order that keeps significant power in the hands of Xi and his closest allies and bolsters the supreme leader’s political survival in the coming decades.
Topic:
Regulation, Business, Domestic Policy, and Prosperity
Political Geography:
China and Asia

53. The EU Digital Markets Act: Assessing the Quality of Regulation

Author:
Matthias Bauer, Fredrik Erixon, Oscar Guinea, Erik van der Marel, and Vanika Sharma
Publication Date:
02-2022
Content Type:
Policy Brief
Institution:
European Centre for International Political Economy (ECIPE)
Abstract:
The proposed Digital Markets Act (DMA) is an opportunity to prevent and remedy anti-competitive conduct by large digital platforms. If the Act is designed in an adequate manner to target specific problems, it can improve the contestability of platform services markets and markets that rely substantially on digital services. However, the DMA takes a novel approach to regulation, and novelty in concepts and regulatory requirements can lead to outcomes that later have to be corrected. Fortunately, the EU is not alone in experimenting with new regulations that specifically target the market power of large digital platforms. There is a great scope for policymakers to learn from similar frameworks in Europe and the United States. In this study, we compare key parts of the DMA proposal with similar legislation implemented or proposed in Germany, the United Kingdom and the United States –– in light of established principles for good regulatory design. We analyse the structure and quality of these regulations, not if they go in a certain ideological, political or commercial direction. We find that there are some areas where the EU could learn from other proposals to make the DMA more fit for purpose, and avoid unintended consequences on Europe’s economy.
Topic:
European Union, Regulation, Digital Economy, and Digital Markets Act (DMA)
Political Geography:
Europe

54. After the DMA, the DSA and the New AI regulation: Mapping the Economic Consequences of and Responses to New Digital Regulations in Europe

Author:
Fredrik Erixon, Oscar Guinea, Erik van der Marel, and Elena Sisto
Publication Date:
04-2022
Content Type:
Working Paper
Institution:
European Centre for International Political Economy (ECIPE)
Abstract:
The European Union (EU) has pursued an ambitious agenda for regulating the digital economy, and it is now planning to establish a new package of regulations, including the Digital Markets Act (DMA), the Digital Services Act (DSA), and a new regulation of Artificial Intelligence (AI). These regulations build on an already established structure of digital and business regulations in Europe that is comparatively restrictive but that varies substantially between EU member states. In this study, we take stock of the new incoming regulations and review their effect on EU member states’ economies. More precisely, the paper considers how different countries in Europe will be affected by the regulations and how they should balance these effects with policies that help the economy to prosper. The European Commission’s economic analyses and impact assessments of the new regulations are thin. In fact, they are grossly inadequate for the purpose at hand: to better understand how the economy will change because of these regulations. The Commission identifies some benefits – for instance, positive competition outcomes from reduced network effects and more trust in AI-based goods and services. There are good reasons to think that these benefits are real. However, these regulations will also lead to new costs and have broader consequences for firms and resource allocation in the economy. Remarkably, the only costs identified in the impact assessments are direct compliance and administrative costs. Obviously, for far-reaching regulations such as the DMA, the DSA and the AI regulation, the main costs will not be the direct compliance burden, but the dynamic and downstream economic effects spurred by their implementation. This is because these regulations will prompt firms and markets to change their current and future behaviour: these changes are likely to define the most important costs. Furthermore, it is important to get a better idea of the distribution of these costs. It is highly unlikely that all sectors and countries will be affected equally. Some sectors will be more affected than others just as some countries will experience economic consequences that are bigger than in other countries. The question is: what factors will lead to the expected variation in the costs and consequences of the three new regulations? In this paper, we argue that two factors are important for grasping the distributive patterns of costs from digital regulations. First, the industry structure of a country is key. In the economy, countries have different endowment structures, and the modern European economy is defined by factor endowments such as data and digital competences. These factor endowments are exploited in the economy by firms and organisations that use them to create different comparative advantages. In turn, these advantages influence how a firm and a country market, sell and trade. Second, the existing structure of a country’s business and digital regulations will influence how an economy will respond to new and additional digital regulations. In fact, the restrictiveness of regulations that we know to impact on the digital economy vary substantially in the European Union – both between countries and between sectors. This variation will have consequences for the distribution of the costs of the three new regulations that are going to be implemented. This paper maps countries and country groups in the digital economy: their endowments, advantages, and flows. Especially, it evaluates the digital performance of countries in a number of key indicators and data points, and anchors the analysis in the academic literature. The paper points to some specific consequences of the DMA, the DSA and the AI regulation, and how different regulations will affect endowments structures and advantages. One key finding is that the distributive effects of the regulations will depend on size advantages and disadvantages. In short, small economies and small firms will likely carry a disproportionate part of the cost of new digital regulations. Furthermore, countries that have used their endowments to specialise in the digital economy will be more affected than others. On this score, there is a vast difference between EU countries. For instance, countries in Europe’s North – generally small, competitive, and open economies – will be most affected by these new regulatory burdens. Countries in Central and Eastern Europe will also be negatively affected, especially through risks of market exclusion effects for small firms. It is important for European policymakers to now consider how they can avoid that these new digital regulations continuously reinforce size advantages for big economies and big firms. There are some policy strategies that should be considered. First, regulations can be changed to better fit the overwhelming evidence that young, dynamic, and innovative firms drive a substantial part of productivity growth in the economy. Second, EU and national policymakers can pursue policies that make the transition into a more size-balanced economy easier, for instance by taxing and regulating small firms differently. Smaller economies can also be helped by having corporate taxes that are lower than in big economies. Third, EU and national policymakers can reform other digital and business regulations and make them less burdensome. Fourth, the EU can help to support the build-up of digital advantages in smaller economies.
Topic:
Markets, European Union, Regulation, and Digital Economy
Political Geography:
Europe

55. The State of India’s Pollution Control Boards: Who has a seat at the table?

Author:
Arunesh Karkun, Sharon Mathew, Shibani Ghosh, and Bhargav Krishna
Publication Date:
10-2022
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
The Indo-Gangetic plain (IGP) in India is one of the most polluted regions in the world. A densely populated region, with a large number of sources emitting a range of pollutants, regulating air pollution here is an extremely difficult and complex task. Several measures are afoot to improve air quality in this region, and the State Pollution Control Boards and Pollution Control Committees (SPCBs/PCCs) are playing a key role. However, these frontline agencies in pollution regulation are faced with several institutional constraints and challenges in discharging their mandate effectively. In ‘The State of India’s Pollution Control Boards’, we explore some of these key institutional issues faced by Boards in the IGP through a series of working papers: 1) “Who has a seat at the table?” – Examines the composition of the Boards and their ability to engage in policymaking and take decisions in furtherance of statutory goals; 2) “Who is at the helm?” – Analyses the qualifications of the Board's leadership - the Chairperson and the Member Secretary, the length and stability of their tenure, and whether they are well-placed to guide the Boards' functioning; and 3) “Who is in the field?” – Evaluates the adequacy of the Boards' capacity – particularly technical capacity – to perform critical functions like consent granting, inspection, monitoring, and enforcement. In this paper – the first in the series – we focus on the Board composition. The Water Act1 and the Air Act2 prescribe up to fifteen members on the Board which is headed by a Chairperson and a Member Secretary. Who are these members and what are their qualifications? The laws require various constituencies to be represented: officials representing State Government departments, urban local bodies, and public sector corporations. Three members may be nominated to represent interests of agriculture, fishery, industry, trade or any other interest. The laws do not lay down the qualifications of these members, apart from the requirement under the Air Act that at least two persons on the board must have special knowledge or practical experience in the field of air quality management.
Topic:
Governance, Regulation, Legislation, and Pollution
Political Geography:
South Asia and India

56. The State of India’s Pollution Control Boards: Who is in the field?

Author:
Bhargav Krishna, Arunesh Karkun, Sharon Mathew, Prannv Dhawan, and Shibani Ghosh
Publication Date:
10-2022
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
The Indo-Gangetic plain (IGP) in India is one of the most polluted regions in the world. A densely populated region, with a large number of sources emitting a range of pollutants, regulating air pollution here is an extremely difficult and complex task. Several measures are afoot to improve air quality in this region, and the State Pollution Control Boards and Pollution Control Committees (SPCBs/PCCs) are playing a key role. However, these frontline agencies in pollution regulation are faced with several institutional constraints and challenges in discharging their mandate effectively. In ‘The State of India’s Pollution Control Boards’, we explore some of the key institutional issues faced by Boards in the IGP through a series of working papers: 1) “Who has a seat at the table?” – Examines the composition of the Boards and their ability to engage in policymaking and take decisions in furtherance of their statutory goals; 2) “Who is at the helm?” – Analyses the qualifications of the Board's leadership - the Chairperson and the Member Secretary, the length and stability of their tenure, and whether they are well-placed to guide the Boards' functioning; and 3) “Who is in the field?” – Evaluates the adequacy of the Boards' capacity – particularly technical capacity – to perform critical functions like consent granting, inspection, monitoring, and enforcement. In this paper – the third in the series – we focus on the technical capacity of the Boards, specifically the state of technical staff (engineers and scientists) employed by the Boards. The environmental engineers and scientists of an SPCB form the backbone of the institutional structure for pollution regulation. They carry out the fundamental task of the SPCBs, namely the review and grant of approvals under the environmental law regime. They evaluate applications from industries, conduct inspections or inquiries, collect and evaluate air and effluent samples, and issue approvals where applicable. Through their work, they provide the structural underpinnings to the “command and control” approach to pollution management. Several earlier reports have highlighted the significant staff constraints under which SPCBs function, highlighting in particular the high rate of vacancies among technical staff (1–3). In the context of a rapidly industrializing State, and an evolving environmental regulatory regime, there is a need for SPCBs to be appropriately skilled and staffed.
Topic:
Environment, Governance, Regulation, Pollution, and Personnel
Political Geography:
South Asia and India

57. The State of India’s Pollution Control Boards: Who is at the helm?

Author:
Shibani Ghosh, Sharon Mathew, Arunesh Karkun, and Bhargav Krishna
Publication Date:
10-2022
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
The Indo-Gangetic Plain (IGP) in India is one of the most polluted regions in the world. A densely populated region, with a large number of sources emitting a range of pollutants, regulating air pollution here is an extremely difficult and complex task. Several measures are afoot to improve air quality in this region, and the State Pollution Control Boards and Pollution Control Committees (SPCBs/PCCs) are playing a key role. However, these frontline agencies in pollution regulation are faced with several institutional constraints and challenges in discharging their mandate effectively. In ‘The State of India’s Pollution Control Boards’, we explore some of the key institutional issues faced by Boards in the IGP through a series of working papers: 1) “Who has a seat at the table?” – Examines the composition of the Boards and their ability to engage in policymaking and take decisions in furtherance of their statutory goals; 2) “Who is at the helm?” – Analyses the qualifications of the Board's leadership - the Chairperson and the Member Secretary, the length and stability of their tenure, and whether they are well-placed to guide the Boards' functioning; and 3) “Who is in the field?” – Evaluates the adequacy of the Boards' capacity – particularly technical capacity – to perform critical functions like consent granting, inspection, monitoring, and enforcement. In this paper – the second in the series – we focus on the Board leadership – the Chairperson and the Member Secretary. They play a crucial role in heading these agencies and ensuring their functioning is in accordance with the statutory mandate. Under the Water Act1 and the Air Act,2 important statutory functions of the Board are delegated to them, and they need to be qualified to perform these functions effectively. The Water Act and the Air Act provide limited guidance on the qualifications of persons who should hold these posts. The issue of who can lead a pollution control board has been discussed in several reports and government correspondence. Specific appointments to leadership positions in different states have been challenged in High Courts over the years. The most comprehensive judicial consideration of the issue was in a 2016 judgment of the National Green Tribunal (NGT).3 Although the final outcome of the NGT’s judgment was overturned by the Supreme Court, the Supreme Court shared the NGT’s anguish at the state of governance of these boards, and significantly, directed states to form rules or guidelines for the recruitment of qualified persons to these two posts.
Topic:
Governance, Regulation, Leadership, and Pollution
Political Geography:
South Asia and India

58. Submission to the Commission on Air Quality Management in NCR and Adjoining Areas (CAQM)

Author:
Shibani Ghosh, Bhargav Krishna, Navroz K. Dubash, Sharon Mathew, and Arunesh Karkun
Publication Date:
01-2022
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
The setting up of the Commission for Air Quality Management (CAQM) represents a significant milestone for air quality management in India. The Commission’s ability to perform its functions effectively and facilitate measures that will improve air quality in the NCR and adjoining areas for the long term will likely be impacted by several political, economic, technical, and social factors. In such a scenario, it is essential that the Commission enjoys sustained public trust as being non- partisan as well as a technically sound and socially sensitive body. The CAQM’s mandate is a statutory expression of the fundamental right of Indians to breathe air that is not harmful to their health. Its functioning should therefore reflect an inclusive and participative approach that allows citizens to claim and protect their right and prevent its encroachment when possible. At the Initiative on Climate, Energy and Environment (ICEE) at the Centre for Policy Research (CPR), we have been closely studying the functioning of various environmental regulators, and for the past four years have been working specifically in the area of air quality regulation and governance. Based on our research, we have identified five broad themes for the Commission to consider as it implements its statutory mandate: taking a holistic, long-term regional approach; tracking progress of NCAP implementation; ensuring transparency through proactive disclosure and timely reporting; developing enforcement protocols and grievance redressal mechanisms; and encouraging informed public consultation. We also suggest specific action points as illustrations under each of these themes.
Topic:
Environment, Governance, Regulation, Pollution, and Air Pollution
Political Geography:
South Asia and India

59. Inflation Targeting in Open Economies: The Contradictions of Determinacy and Stability

Author:
Esteban Perez-Caldentey and Matias Vernengo
Publication Date:
12-2022
Content Type:
Working Paper
Institution:
Political Economy Research Institute (PERI), University of Massachusetts Amherst
Abstract:
Since 1999, more than half of Latin American countries have put in practice inflation targeting regimes with the objective of maintaining price stability within a low inflation environment. Building on previous work, we argue that the adoption of this monetary regime was the result of a policy shift that began with the Washington Consensus, and which materialized sequentially in increased financial openness, greater exchange rate flexibility, leading eventually to the implementation of inflation targeting. We further sustain that in the case of an open economy, the use of inflation targeting leads to incoherent and contradictory results that severely question its alleged superiority over other monetary frameworks. Finally, we posit the need for comprehensive regulatory frameworks to deal with the complex dynamics and transmission mechanisms that characterize economies that have a high degree of financial openness, such as those of Latin America.
Topic:
Regulation, Economy, Inflation, and Economic Stability
Political Geography:
Latin America

60. Drug Policy in Colombia: The Road to a Just Regulation

Author:
Global Commission On Drug Policy
Publication Date:
11-2022
Content Type:
Working Paper
Institution:
Global Commission On Drug Policy
Abstract:
The position paper “Drug Policy in Colombia – The Road to a Just Regulation" presents the dynamics which have maintained Colombia hostage as the longest running, and most evident examples, of failed prohibitionist drug policies. The position paper explores the context leading to the 2016 Peace Agreement, as well as the shifts in political power that resulted in uneven and unsuccessful implementation efforts of the Agreement. It puts forward recommendations to support effective and humane drug policy reforms that enhance peace, health, security and development in Colombia.
Topic:
Security, Development, Diplomacy, Treaties and Agreements, United Nations, Law Enforcement, Regulation, and Drugs
Political Geography:
Colombia and South America

61. Real Effects of Climate Policy: Financial Constraints and Spillovers

Author:
Söhnke M. Bartram
Publication Date:
04-2022
Content Type:
Policy Brief
Institution:
The Cato Institute
Abstract:
Climate change is among the most intensely debated socioeconomic issues of current times. As a response to potential catastrophic risks from climate change, governments around the world are pushing for various regulations to curb greenhouse gas emissions. However, there is far from a consensus on optimal policy approaches, and as a result, climate policies are highly fragmented across the jurisdictions in which they are designed and implemented. More importantly, it is unknown whether such localized yet uncoordinated policies are able to internalize potential externalities that may impede efforts to address climate change as a global phenomenon or simply distort allocations in the economy. For example, at the beginning of 2013, California became the first and only state to put a comprehensive mandatory carbon regulation in place in the form of a cap‐​and‐​trade system that applies universally to all industrial greenhouse gas emissions. Exploiting the introduction of the California cap‐​and‐​trade rule, we investigate the internal resource‐​allocation responses by firms and the real but unintended spillover effects of localized climate policies that arise from the importance of financial constraints. Our study analyzes the interplay between climate policy and firm behavior, and it informs policymakers regarding the effectiveness of climate regulation.
Topic:
Climate Change, Regulation, Economy, Business, and Carbon Emissions
Political Geography:
Global Focus

62. Slippery Fish: Enforcing Regulation under Subversive Adaptation

Author:
Andres Gonzalez-Lira
Publication Date:
04-2022
Content Type:
Policy Brief
Institution:
The Cato Institute
Abstract:
Correcting market failures and improving economic efficiency often require curbing undesirable behaviors of market agents who act to maximize their private benefits. Examples include actions that affect ecosystems, such as deforestation, pollution, and overexploitation of natural resources; actions that affect community health, such as drunk driving and open defecation; or actions that undermine government performance, such as corruption and tax evasion. Enacting and enforcing regulations is the most direct strategy to deter such behaviors. Implementing this strategy requires strong institutions to enforce laws, plus sophisticated policing to track agents’ reactions to enforcement so that rules are robust enough to curb the undesirable behavior even when regulated agents try to game the new system.
Topic:
Environment, Government, Markets, Regulation, and Adaptation
Political Geography:
Global Focus

63. The Regulatory Costs of Being Public

Author:
Michael Ewens, Kairong Xiao, and Ting Xu
Publication Date:
05-2022
Content Type:
Policy Brief
Institution:
The Cato Institute
Abstract:
An important explanation for the significant decline in the number of publicly listed companies in the United States is the increased burden of disclosure and governance regulations. Indeed, practitioners often point to heightened regulatory costs as the culprit of the disappearing public firms, while major deregulations such as the 2012 Jumpstart Our Business Startups (JOBS) Act were directly motivated by perceived costs of being public. Thus, understanding the role of regulations in the cost of being public and the decline in the number of public firms can address concerns about possible capital market dysfunction.
Topic:
Markets, Governance, Regulation, and Business
Political Geography:
North America and United States of America

64. Regulating and Harmonizing Biometric Ecosystems: Addressing thew Full Spectrum of Risks Using Global Safety Models and Controls

Author:
Pam Dixon
Publication Date:
03-2022
Content Type:
Journal Article
Journal:
Turkish Policy Quarterly (TPQ)
Institution:
Turkish Policy Quarterly (TPQ)
Abstract:
The spectrum of biometric technologies today is expansive, encompassing many types, or modalities, of biometrics, from face recognition to iris to fingerprint to DNA, used singly or in combination. Biometrics are a significant category of technology; at least 104 countries use fingerprint and/or iris as part of national ID systems,** and uses for biometrics extend well beyond the national ID system context in both private and public sector use.*** Increasingly understood as a technology of concern based on scientific data, there is a growing body of law and regulations seeking to mitigate the risks associated with biometric technologies. Current approaches to biometric regulation thus far, however, have been insufficiently constructed, and do not address the full ecosyetm of biometric modalities and the risks that can rise from them.
Topic:
Regulation, Ecology, Biology, and Public Safety
Political Geography:
Global Focus

65. Governments as Regulators and Consumers of Ethical AI

Author:
Gabby Bush and Jeannine Paterson
Publication Date:
03-2022
Content Type:
Journal Article
Journal:
Turkish Policy Quarterly (TPQ)
Institution:
Turkish Policy Quarterly (TPQ)
Abstract:
Algorithmic Decision-Making (ADM) and Digital Technologies have created complex and multifaceted challenges for governments and the delivery of public services. Governments must operate simultaneously as the regulator and as a consumer, while maintaining public trust. The roll out of ADM systems has provided significant failures in public policy. For example, the Federal Government of Australia and the New South Wales State Government both deploying systems with significant flaws which led to serious outcomes for both welfare recipients and governments just in the last 10 years. Solutions to confront the failure of ADM systems can be addressed more effectively at a procurement and contract level as well as through the accountability and understanding within the public service. In order to ensure the fair use of digital technologies, governments must be willing to scrutinize their own purchase of technology, ideally through the lens of AI ethical frameworks, and address their own governance and procurement policies, thereby fulfilling their responsibility as service providers to citizens.
Topic:
Government, Science and Technology, Regulation, Ethics, and Artificial Intelligence
Political Geography:
Global Focus

66. Labor and Politics in the Middle East and North Africa

Author:
Dina Bishara, Ian Hartshorn, Marc Lynch, Samar Abdelmageed, and Ashley Anderson
Publication Date:
01-2022
Content Type:
Research Paper
Institution:
Project on Middle East Political Science (POMEPS)
Abstract:
Economic grievances were at the heart of the Arab uprisings which erupted a decade ago. The centrality of those grievances and the workers articulating them has led to a growing research community focused on organized labor in the Middle East and North Africa. In April 2021, Dina Bishara and Ian Hartshorn convened a virtual workshop through Cornell University’s School of Industrial and Labor Relations bringing together a wide range of scholars writing in the area. POMEPS then invited those participants, as well as others who had not presented papers, to participate in a follow-on workshop to continue the discussion in September 2021. The papers in this collection are one of the fruits of this increasingly robust scholarly network.
Topic:
Economics, Politics, Labor Issues, Employment, Regulation, Arab Spring, Youth, Protests, Unions, Higher Education, COVID-19, Gulf Cooperation Council, and Activism
Political Geography:
Turkey, Middle East, Algeria, Saudi Arabia, North Africa, Egypt, Jordan, Tunisia, and Gulf Nations

67. Gazan Workers in Israel: Implications for Employment Regulations

Author:
Haggy Etkes and Wifag Adnan
Publication Date:
08-2022
Content Type:
Working Paper
Institution:
Institute for National Security Studies (INSS)
Abstract:
New arrangements for the employment of Gazan workers in Israel in construction and agriculture began on August 1. This article presents the findings of a study on employment of Gazans in Israel: it demonstrates the rise in income among Gazans who work in Israel, while showing the difficulty related to regulation for workers employed in the manufacturing and service industries, which did not receive permits to employ Gazans
Topic:
Labor Issues, Regulation, COVID-19, and Migrant Workers
Political Geography:
Middle East, Israel, Palestine, and Gaza

68. At Whose Risk? Understanding States Parties’ Implementation of Arms Trade Treaty Gender-based Violence Provisions

Author:
Anne-Séverine Fabre, Gian Giezendanner, Paul Holtom, and Emilia Dungel
Publication Date:
03-2022
Content Type:
Policy Brief
Institution:
Small Arms Survey
Abstract:
The Arms Trade Treaty (ATT) is the first legally binding agreement linking international conventional arms transfers to gender-based violence (GBV), but there has been limited practical application of these specific provisions to date. At Whose Risk? Understanding States Parties’ Implementation of Arms Trade Treaty Gender-based Violence Provisions sets out to gain insight into how ATT states parties apply Article 7(4)—the main provision related to GBV—by focusing on the work of the export licensing officers carrying out this task. Specifically, the Briefing Paper contextualizes GBV in the ATT context; presents implementation guidance; and reviews recommended open-source resources for carrying out risk assessments. Finally, after analyzing reported implementation practices of ten ATT states parties, the study offers policy observations related to continued work to tackle GBV within the ATT context. Among other findings, the paper reveals that most ATT states parties interpret Article 7(4) in terms of the broader offences related to international humanitarian law and international human rights law listed under Article 7(1). Further, the study finds that the existing recommended evidence base on GBV is often scattered and unstandardized; rarely providing the type of information required by export licensing officers to conduct GBV-focused risk assessments. Finally, at the time of writing, no ATT state party had publicly indicated that it had denied an export authorization specifically due to risk of the conventional arms being used to commit or facilitate serious acts of GBV.
Topic:
Treaties and Agreements, Regulation, Arms Trade, and Gender Based Violence
Political Geography:
Global Focus

69. Throwing Down the Gauntlet: What the IMF Can Do About Egypt’s Military Companies

Author:
Yezid Sayigh
Publication Date:
04-2022
Content Type:
Working Paper
Institution:
Carnegie Endowment for International Peace
Abstract:
Until recently, both the International Monetary Fund (IMF) and the World Bank were wholly reticent to say anything about the involvement of the Egyptian Armed Forces (EAF) and other military agencies in Egypt’s civilian economy. This is a longstanding problem. By turning a blind eye to the diversion of resources to the military sector and to the increasingly significant impacts on the economy and public finances, these international financial institutions (IFIs) have undermined the effectiveness of their own programs and allowed their resources to be invested in support of suboptimal policies by the Egyptian government. There is a question of propriety when international assistance allows distorted policy incentives to continue or even intensify and disregards the fact that much of the hype about global growth in the Egyptian economy obscures the very real constraints imposed on private sector development. It is high time to throw down the gauntlet: IFIs and their governmental sponsors should tackle the reality of military involvement systematically in their programs and policy recommendations, and they should confront the issue head on in their dealings with Egypt’s authorities. Reticence persists but is starting to dissipate. A report released by the World Bank in December 2020 noted that military agencies account for an appreciable proportion of all state-owned enterprises producing capital goods; consumer durables and apparel; materials; food, beverages, and tobacco; automobiles and components; retailing; media and entertainment; semiconductors and intelligent transportation system equipment; and technology hardware and equipment.1 The IMF went further in a July 2021 review of its loan agreement with Egypt, in which it referred to the presence and role of Egyptian military companies for the first time ever.2 Significantly, it included them explicitly in its assessment of state-owned enterprises in general—many of which, the report noted, are “registering weak financial performance while some are benefiting from an uneven playing field”—and implied that military companies should come under the same broad reform policies that the IMF proposes for the public sector as a whole. Now that the IMF, in particular, has broken its former silence, it should refine its approach so as to tackle the Egyptian military’s economic role in a more targeted and consistent manner—hence making its approach more effective and sustainable. This requires a mix of measures. The first set involves bringing military agencies and companies within the scope of recommendations proposed by the IMF for Egypt’s civilian public sector and state-owned enterprises as a whole. These first measures therefore engage with IMF recommendations and Egyptian government policy initiatives relating to broad questions of ownership, regulation, and financing strategy. The second set of measures tackles the specific aspects of the legal, regulatory, and judicial frameworks that enable the military’s activities in the civilian domain. Unless they are revised, these enabling frameworks will impede wider reforms, but the Egyptian government and IMF have, for the most part, neither reviewed nor addressed them to date.
Topic:
Regulation, Economy, Business, IMF, Civil-Military Relations, and Military
Political Geography:
Middle East, North America, and Egypt

70. Retail Central Bank Digital Currency: Has Its Time Come?

Author:
Pierre L. Siklos
Publication Date:
02-2022
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
As central banks around the world prepare to launch central bank digital currencies (CBDCs), this paper looks at issues surrounding a retail version of CBDCs that would complement notes and coins for consumers. To build the public’s trust in this type of digital currency, concerns such as loss of privacy and security of financial transactions must first be addressed. In addition to these concerns, CBDCs carry the potential risks of overburdening central banks and disrupting cross-border transactions. These and other challenges can be overcome by ensuring the right regulatory and supervisory measures are in place before CBDCs take hold.
Topic:
Regulation, Finance, Central Bank, Banking, and Digital Currency
Political Geography:
Global Focus

71. How Important are Mutual Recognition Agreements for Trade Facilitation?

Author:
Lucian Cernat
Publication Date:
12-2022
Content Type:
Policy Brief
Institution:
European Centre for International Political Economy (ECIPE)
Abstract:
Trade in the 21st century may face lower tariffs, but regulations that affect international trade in goods and services have proliferated. While regulations are important for many public policy objectives, different and complex non-tariff measures can become unnecessarily costly trade barriers for the millions of companies engaged in international trade. Trade policy can play a crucial role in reducing these unnecessary costs, without impairing the ability of regulatory authorities to carry out their public policy responsibilities. Mutual recognition agreements (MRAs) are a concrete trade policy instrument, specifically designed to achieve this dual objective. This paper revisits the arguments in favour of upgrading the existing EU MRAs to cover 21st century regulatory aspects impacting trade flows, offering empirical evidence on the positive difference MRAs have both on the value of exports and on increasing the number of exporting firms and their product portfolio towards new export destinations. The paper also summarises the results of a recent EU firm-level survey on the importance of MRAs for export performance. The results of the EU business surveys confirm the need for a renewed attention to MRAs, in particular with regard to emerging regulatory issues.
Topic:
Treaties and Agreements, European Union, Regulation, and Trade
Political Geography:
Europe

72. Going Against the Tide: Towards Binding Environmental Regulation of Mining in Chile

Author:
Johanna Jarvela and Lotta Aho
Publication Date:
04-2022
Content Type:
Working Paper
Institution:
Centre for Business and Development Studies (CBDS), Copenhagen Business School
Abstract:
Mining industry is one of the only industries not subjected to any international environmental agreement. Thus, only national laws, Corporate Social Responsibility, industry standards, and other forms of self-regulation govern the mining industry. However, there are increasing concerns about the sustainability and social responsibility of this business. In Chile, neoliberal policies were implemented to a great extent during ϭϵϳϬ’s and ϴϬ’s and the legacy of these policies was an almost absent environmental regulation until 2010. This makes Chile an interesting case to investigate the workings and consequences of voluntary environmental regulation based on neoliberal paradigm. Whereas multinational corporations largely influence the current development of environmental regulation, and hence it is increasingly based on voluntary measures and industry guidelines, the socio-environmental conflicts have forced Chile to go against the current and move from soft law towards binding regulation. A situation where a country needs to move from non-regulation or fully privatized regulation back towards hard law and command and control has been less investigated than deregulation and different forms of capitalist influence on governance. We wish to address this gap in literature with this study. Based on our findings, we argue that following neoliberal theory in environmental regulation leads to increasing socio-environmental conflicts.
Topic:
Environment, Regulation, Neoliberalism, Mining, and Industry
Political Geography:
South America and Chile

73. Fiscal Policy in the Regulation of Adult-Use Cannabis in Colombia: Executive Summary

Author:
César Rodríguez-Garavito, Luis Felipe Cruz-Oliveira, and Isabel Pereira-Arana
Publication Date:
07-2022
Content Type:
Special Report
Institution:
Dejusticia
Abstract:
In Colombia today, discussing a legal framework for marijuana is not a hypothetical matter – it’s a real political possibility. In fact, in the 2018-2022 legislative period, three bills were introduced that proposed regulating cannabis for adult use as well as coca-leaf derivatives. This regulatory boom is not exclusive to Colombia; to date, 19 states in the United States and two countries – Uruguay and Canada – have approved a legal framework for adult-use marijuana. This marks a significant change from the hardhanded laws that have shaped the war on drugs from the time of former U.S. President Richard Nixon to the present. In Colombia, cannabis is the most widely used substance that has been declared illicit. According to the National Survey of Psychoactive Substance Use (Encuesta Nacional de Consumo de Sustancias Psicoactivas), published in 2019 by the country’s Ministry of Justice and the National Administrative Department of Statistics (Departamento Administrativo Nacional de Estadística, DANE), more than 637,000 people used marijuana within the last year (2019, p. 66), which corresponds to 2.7% of the population between 12 and 65 years of age2 . Seventy-two percent (72%) of these people were between 18 and 34 years of age and lived in Bogotá, Cali, the coffee belt or Medellín (Ministerio de Justicia & DANE, 2019, p. 68). According to the National Planning Department (Departamento Nacional de Planeación, DNP), the geographical distribution of marijuana use tends to be concentrated in urban areas that are attractive for selling the cannabis produced in the Northern Cauca subregion (DNP, 2017, p. 105). Although that is not the only region with marijuana crops, the country is currently experiencing a boom in so-called “creepy” marijuana3 (as a result of the extent of this substance and dependence on the income from it), which is produced in the Northern Cauca municipalities of Caloto, Corinto, Miranda, Toribío and Santander de Quilichao. In this context, two sensitive factors arise in debating cannabis regulation in Colombia. One is that the areas that supply the illegal market have significant gaps in terms of socioeconomic well-being and continue to experience conflict dynamics partly associated with the substance’s prohibition. The other is that the regulation of marijuana, as the most widely consumed illicit substance in the country, must address the protection of public health and the health of those who use it. The majority of regulation proposals put little emphasis on the potential revenue coming from the market, or the allocation of those resources. If we agree that marijuana has played a central role in the origins of drug trafficking in Colombia, and that the regions where it is grown today lag significantly in socioeconomic terms, the transition to a legal market would be an opportunity to improve the peasant farmer and indigenous population’s living conditions, while also protecting public health by controlling the quality and potency of the cannabis that is bought and sold. All of these public policy actions require resources. While those who promote business interests in marijuana regulation insist on stressing the economic benefits for the overall economy, along with the amount of resources it would contribute to state coffers, they fail to mention specific measures that the State should delineate so the market can be based on rules that would finance the actions needed to address the regional problems that predate the regulations, or actually gave rise to the illegal trade. With the goal of illuminating this discussion, based on comparative experiences and on the Principles and Guidelines for Human Rights in Fiscal Policy, this document addresses three dimensions of the problem: (i) explaining, based on available evidence and conceptual debates, why regulation is necessary and what role the fiscal framework plays in this policy; and (ii) providing, based on comparative experiences, elements for designing the regulations’ fiscal frameworks. Finally, contemplating these two aspects, we present a proposal for cannabis fiscal principles.
Topic:
Regulation, Fiscal Policy, and Cannabis
Political Geography:
Canada, Colombia, South America, Uruguay, and United States of America

74. Fiscal Policy in the Regulation of Adult-Use Cannabis in Colombia

Author:
Anníbal Ramírez Rodrígues, Luis Felipe Cruz-Oliveira, and Isabel Pereira-Arana
Publication Date:
08-2022
Content Type:
Book
Institution:
Dejusticia
Abstract:
The document is divided into five sections. The first is an introduction, where we describe the background of the regulatory debate and the goals we propose for marijuana regulation in Colombia. In the second section, we present the theoretical framework for explaining why it is necessary to create a legal space for marijuana and what fiscal policy and human rights principles would be applicable to that process. In the third section, we explore comparative experiences, focusing on measures to raise revenue and resource allocation, and analyze lessons learned for the Colombian case. After that, in the fourth section, we home in on the Colombian context, considering how marijuana production and use has evolved in the country, and describing the places where production takes place and their needs. Finally, in the fifth section, we unveil our proposal: the cannabis fiscal principles.
Topic:
Markets, Regulation, Fiscal Policy, Drugs, and Cannabis
Political Geography:
Colombia and South America

75. Japan Focuses Policy on Economic Security

Author:
Oskar Pietrewicz
Publication Date:
10-2022
Content Type:
Working Paper
Institution:
The Polish Institute of International Affairs
Abstract:
Japan is stepping up efforts to increase its economic security. In August, some new regulations came into force aimed at strengthening, among others, the resilience of supply chains and developing technological potential. Japan is thus responding to the challenges of China’s policy, the U.S.-China rivalry, and global technological progress. Improving economic security will require the government to cooperate with both Japanese business and international partners, including the U.S. and the EU.
Topic:
Science and Technology, Regulation, Supply Chains, and Economic Security
Political Geography:
Japan, China, and Asia

76. Completing Europe’s banking union: economic requirements and legal conditions

Author:
Thorsten Beck, Jan Pieter Krahnen, Philippe Martin, Franz Mayer, Jean Pisani-Ferry, Tobias Tröger, Beatrice di Mauro, Nicolas Veron, and Jeromin Zettelmeyer
Publication Date:
11-2022
Content Type:
Policy Brief
Institution:
Bruegel
Abstract:
The European Union’s banking union project started in mid-2012 in response to the euro-area crisis, with the goal of breaking the bank-sovereign vicious circle. The objective was also to restore private liability in banking and to move towards an integrated supranational market for banking services. For all the progress achieved in the past decade, particularly in banking supervision, these aims have not yet been accomplished. This Policy Contribution analyses the deficiencies of the current framework and identifies possible responses, in line with three levels of reform ambition. We label these ‘incremental’ (broadening the scope for private-sector burden-sharing in future cases of bank failures), ‘real’ (effectively breaking the bank-sovereign vicious circle), and ‘cosmic’ (a single, seamlessly integrated banking market). European policymakers should set their sights on the second level, which we view as achievable within the current decade, requiring new EU legislation but no change to the European treaties.
Topic:
Regulation, Economy, Crisis Management, European Central Bank, and Banking
Political Geography:
Europe

77. Jawboning against Speech: How Government Bullying Shapes the Rules of Social Media

Author:
Will Duffield
Publication Date:
09-2022
Content Type:
Policy Brief
Institution:
The Cato Institute
Abstract:
Over the past two decades, social media has drastically reduced the cost of speaking, allowing users the world over to publish with the push of a button. This amazing capability is limited by the fact that speakers do not own the platforms they increasingly rely on. If access to the platforms is withdrawn, speakers lose the reach that social media grants. In America, government censorship is limited by the First Amendment. Nevertheless, seizing upon the relationship between platforms and speakers, government officials increasingly demand that platforms refrain from publishing disfavored speech. They threaten platforms with punitive legislation, antitrust investigations, and prosecution. Government officials can use informal pressure — bullying, threatening, and cajoling — to sway the decisions of private platforms and limit the publication of disfavored speech. The use of this informal pressure, known as jawboning, is growing. Left unchecked, it threatens to become normalized as an extraconstitutional method of speech regulation. While courts have censured jawboning in other contexts, existing judicial remedies struggle to address social media jawboning. Amid the opacity and scale of social media moderation, government influence is difficult to detect or prevent. Ultimately, congressional rulemaking and the people’s selection of liberal, temperate officials remain the only reliable checks on this novel threat to free speech.
Topic:
Government, Regulation, Social Media, Censorship, and Free Speech
Political Geography:
Global Focus and United States of America

78. Sugar: Sustainability, Consumer Sentiment, and Regulation

Author:
Mimi Goodall
Publication Date:
12-2022
Content Type:
Case Study
Institution:
Oxford Centre for Global History
Abstract:
In September 1591, Queen Elizabeth I of England stopped at the home of the Earl of Hertford, Elvetham Hall in Hampshire, to spend a few nights. The Queen was on her annual progress – an extended trip she took around the country every summer. She would leave her royal residence and stay at the large houses of her courtiers over the course of several months. From these rural locations she would take the time to meet some of the ordinary people living in her kingdom. Having the Queen to stay was a great honour for a courtier, but it was a tremendously expensive occasion. Each residence had to be fit, quite literally, for a queen. Even though she and her companions would only stay for a few nights, it would take weeks to prepare the entertainments, accommodation, and, of course, the food that would be on offer. In September 1591, the Earl of Hertford spared no expense. The second night’s entertainment at Elvetham was reported to be quite the culinary spectacle: 100 torchbearers illuminated a banquet served in the garden, with over 1,000 dishes on the table. The most impressive and curious of them all were statues made from sugar: “Lions, Vnicorns, Beares, Horses, Camels, Buls, Rams, Dogges, Tygers, Elephants, Antelops, Dromedaries, Apes, and all other beasts”, all of them rendered in sugar. Of the thousand dishes at the table, it was the ones made from sugar that were most noteworthy. The Queen famously enjoyed sweet and sugary food. A German visitor to her court described her blackened teeth and blamed the defect on “too great use of sugar”.
Topic:
Regulation, Sustainability, Consumer Behavior, and Sugar
Political Geography:
Europe and England

79. Germany’s Role in Europe’s Digital Regulatory Power: Shaping the Global Technology Rule Book in the Service of Europe

Author:
David Hagebölling and Tyson Barker
Publication Date:
11-2022
Content Type:
Special Report
Institution:
German Council on Foreign Relations (DGAP)
Abstract:
Four elements help to map the strengths and, at times, the limits of German power in digital rule-making. First, Germany anticipates EU ­digital regulation and attempts to establish facts on the ground. Second, Germany has outsized influence in the formal stages of EU digital regulatory policy­making. Third, the EU, in turn, provides ­Germany with a launch pad for influencing worldwide regulatory norms. Fourth, a belated reawakening of the capacity of the German private sector and affiliated technical standard bodies to influence global technical standards is occurring. Germany, as an EU member state, is engaging in three significant areas of data governance and cybersecurity: digital identities and open data, lawful access to electronic messaging systems, and rules for sovereign cloud usage. Germany’s largely successful role as a key incubator for the EU’s regulatory approach to ­digital technology and, therefore, as a proponent of the “Brussels Effect” of influencing global markets is not widely appreciated or understood at home. The lag among regulations, tech-nology, and international context is evident in areas such as data protection, content moderation, and market power of online platforms. Even meaningful regulatory debates on quantum, the metaverse (AR/VR), and 6G have yet to arise in Germany. Germany must change its approach to digital regulation to more accurately reflect the dynamic, general-purpose nature of emerging digital technologies against an increasingly fraught international landscape in which technological rules are a dimension of geopolitical power. This includes more fully addressing political trade-offs associated with digital regulation choices, expanding reviews and sunset clauses in digi-tal regulation to encourage flexibility, and making greater use of multi-stakeholder regulatory approaches that incorporate civil society, companies, and other non-state actors. Germany must also increase the engagement of its foreign policy and national security communi-ties in EU technology diplomacy and in global regulation enforcement.
Topic:
Science and Technology, European Union, Regulation, and Digital Policy
Political Geography:
Europe and Germany

80. The Strength of Small, Lean, and Agile

Author:
Brian Binnie
Publication Date:
09-2022
Content Type:
Journal Article
Journal:
Brown Journal of World Affairs
Institution:
Brown Journal of World Affairs
Abstract:
As a youngster, the 1960s wereexciting times for space exploration. In 1968, I watched Stanley Kubrick’s 2001: A Space Odyssey, a movie that sparked the minds of young adventurers everywhere. Just one year later, in 1969, I watched alongside the world as two men bounced around on the moon. With millions of others, I believed that since everything was happening so quickly, by the time we were older, there would be all sorts of opportunities available in the burgeoning 1eld of space. 9ese expectations were never realized. For 45 years, the same starry adventurers watched from the sidelines as the severed operations of NASA maintained their exclusive grip on all things space with the Shuttle and International Space Station operations. But in 2004, a small, privately owned company shocked the landscape, 0ying three space 0ights with a reusable ship to the rapt attention of millions worldwide. With the visibility provided by a $10 million prize, these 0ights became the leading story of that year.
Topic:
Science and Technology, Regulation, Space, and National Aeronautics and Space Administration (NASA)
Political Geography:
United States of America

81. Cyber Posture Trends in China, Russia, the United States and the European Union

Author:
Lora Saalman, Fei Su, and Larisa Saveleva Dovgal
Publication Date:
12-2022
Content Type:
Special Report
Institution:
Stockholm International Peace Research Institute
Abstract:
Current understanding of the cyber postures of China, Russia, the United States and the European Union (EU) merits re-evaluation. It is often assumed that China and Russia are aligned, yet this is not always the case. Unlike Russia, which has an ongoing focus on information security, China’s official documents incorporate both information security and cybersecurity concerns that are similar to those of the EU and the USA. Moreover, while often paired, the EU and the USA have differing regulatory structures in cyberspace. Further, both actors increasingly mirror Chinese and Russian concerns about the impact of information warfare on domestic stability. By examining key trends in each actor’s cyber posture, this SIPRI Research Report identifies points of convergence and divergence. Its conclusions will inform a broader SIPRI project that maps cyber posture trajectories and explores trilateral cyber dynamics among China, Russia and the USA to assist the EU in navigating future cyber escalation and enhancing global cyber stability.
Topic:
European Union, Cybersecurity, Geopolitics, Regulation, and Information Security
Political Geography:
Russia, China, Eurasia, Asia, and United States of America

82. Step by Step: Closing the Implementation Gap in Senegal's Petroleum Licensing Process

Author:
Papa Daouda Diene and Nicola Woodroffe
Publication Date:
12-2021
Content Type:
Policy Brief
Institution:
Natural Resource Governance Institute
Abstract:
Historically, Senegal has experienced significant “implementation gaps” between rules and implementation of these rules in its petroleum licensing process. Causes have included lack of legal clarity, duplicative and conflicting institutional roles, and lack of institutional capacity. However, Senegal has made good progress on closing this implementation gap. As of 2020, Senegal’s implementation gap in the petroleum licensing process as measured by the Resource Governance Index is very small and reflects recent government reforms, investments and disclosures. Despite major progress in closing the implementation gap in the licensing process, Senegal has significant room for improvement in the transparency of the oil and gas licensing process. Senegal’s government should work to improve laws on the disclosure of assets of public officials and the disclosure of the identities of the beneficial owners of companies applying for and obtaining licenses.
Topic:
Natural Resources, Regulation, Legislation, and Policy Implementation
Political Geography:
Africa and Senegal

83. UK-EU regulatory divergence tracker

Author:
UK in a Changing Europe
Publication Date:
10-2021
Content Type:
Special Report
Institution:
UK in a Changing Europe, King's College London
Abstract:
The UK in a Changing Europe’s regulatory divergence tracker provides an overview of where and how the UK has used its newfound regulatory freedoms to diverge from EU standards. It identifies and analyses the most significant cases of divergence in regulatory standards between the UK and EU which have taken place since Brexit. It explains what the changes are, what impact they are having, and likely further consequences. It forms the first of a series of trackers which will keep tabs on the latest developments in the regulatory divergence landscape.
Topic:
European Union, Regulation, Brexit, and Regional Integration
Political Geography:
United Kingdom and Europe

84. The impact of Brexit on UK services

Author:
Sarah Hall and Martin Heneghan
Publication Date:
12-2021
Content Type:
Special Report
Institution:
UK in a Changing Europe, King's College London
Abstract:
The service sector stands as a clear exemplar of the trade-offs entailed by Brexit. The emphasis placed by the government on reclaiming regulatory autonomy during the negotiations over the Trade and Cooperation Agreement (TCA), and the particular importance of ending freedom of movement had particularly serious consequences for those who import or export services. In this report, Sarah Hall, Senior Fellow at UK in a Changing Europe and Martin Heneghan, Research Fellow at the University of Nottingham explore the consequences to date of Brexit, and particularly of the TCA, for service providers.
Topic:
Treaties and Agreements, European Union, Regulation, Economy, Brexit, Services, and Trade
Political Geography:
United Kingdom and Europe

85. UK-EU regulatory divergence tracker: second edition

Author:
UK in a Changing Europe
Publication Date:
12-2021
Content Type:
Special Report
Institution:
UK in a Changing Europe, King's College London
Abstract:
UK in a Changing Europe’s regulatory divergence tracker provides an overview of where and how the UK has used its newfound regulatory freedoms to diverge from EU standards. It identifies and analyses the most significant cases of divergence in regulatory standards between the UK and EU which have taken place since Brexit. It explains what the changes are, what impact they are having, and likely further consequences. This is the second edition of the tracker, covering changes which took place predominantly between September-December 2021.
Topic:
European Union, Regulation, and Brexit
Political Geography:
United Kingdom and Europe

86. A Broken Canopy: Deforestation and Conflict in Colombia

Author:
International Crisis Group
Publication Date:
11-2021
Content Type:
Special Report
Institution:
International Crisis Group
Abstract:
Colombia’s vast forest is fast receding, partly because guerrillas and criminals are clearing land for farming, ranching and other pursuits. These unregulated activities are causing both dire environmental harm and deadly conflict. Bogotá should take urgent steps to halt the damage.
Topic:
Environment, Regulation, Farming, Ranching, and Deforestation
Political Geography:
Colombia and South America

87. How the rest of the world responds to the US-China split

Author:
Hung Tran
Publication Date:
01-2021
Content Type:
Policy Brief
Institution:
Atlantic Council
Abstract:
The election of Joe Biden as the forty-sixth US president is not expected to change the list of substantive issues dividing the United States and China, such as trade, investment, technology, geopolitical competition, national security, and human rights—except that the priority among them may change, with human rights concerns moving more to the forefront. However, the tone and modality of the unfolding of the US-China competition will change from Donald Trump’s unilateralism to Biden’s efforts to build alliances with “likeminded” countries in Europe, Asia, and elsewhere to deal with the challenges China has posed. In a way, Biden’s alliance-building approach may intensify pressure on the rest of the world to take sides. How countries respond to this challenge, unwelcome by most, depends on whether they see themselves as competitors to China, or as “price takers” in the international economic system.
Topic:
Global Markets, Regulation, Finance, Economy, Trade, and Digital Policy
Political Geography:
China, Europe, Asia, North America, United States of America, and Indo-Pacific

88. Transatlantic tools: Harmonizing US and EU approaches to China

Author:
David Barkin and Agatha Kratz
Publication Date:
11-2021
Content Type:
Special Report
Institution:
Atlantic Council
Abstract:
Close cooperation between the United States and the European Union is essential if advanced economies are to develop effective responses to the array of challenges presented by China. Washington and Brussels share concerns regarding competitive distortions arising through the state’s role in the Chinese economy, the use of advanced technologies to repress ethnic minorities and fuel its military, and the spread of authoritarian influence through the Belt and Road Initiative (BRI). However, there has been a lack of coordination and cooperation in recent years between the US and EU when it comes to responding to China’s policies and behaviors. Washington’s focus on risks to US economic and national security contrasts with an emphasis in Brussels on ensuring reciprocity and leveling the economic playing field. But, with the transatlantic relationship back on a better footing under the Biden administration, new structures for transatlantic dialogue being put in place, and a greater focus on the Indo-Pacific in both Washington and Brussels, this paper argues there is now an opportunity for the United States and Europe to learn from each other and harmonize some of their China-related efforts.
Topic:
Human Rights, Markets, Sanctions, European Union, Regulation, Trade, and Transatlantic Relations
Political Geography:
China, Europe, and United States of America

89. Immunity Passports in the context of COVID-19: Τechnological Solutions, Regulatory Considerations and Ethical Challenges

Author:
Mihalis Kritikos
Publication Date:
06-2021
Content Type:
Policy Brief
Institution:
Hellenic Foundation for European and Foreign Policy (ELIAMEP)
Abstract:
The European Parliament and the Council of Ministers of the EU recently reached an agreement on COVID-19 certificates designed to facilitate travel and help revive tourism in Europe. Although the certificate is expected to greatly simplify travel within the EU, its large-scale deployment is not without scientific, legal, and ethical challenges. The current analysis sheds light on the main tenets of the agreed EU framework and highlights the positions and initiatives of the main stakeholders. It also examines the major ethical and legal questions associated with the release of the certificate and makes a series of recommendations that could contribute to the efficient handling of some of these challenges so as to ensure a socially-responsible and effective use of this new EU instrument.
Topic:
Science and Technology, European Union, Regulation, Ethics, and COVID-19
Political Geography:
Europe

90. The Proliferation Of Informal Housing In Major Cities In Cameroon: Evidence, Drivers And The Way Forward

Author:
Dr. Louis-Marie Kakdeu and Egoh Aziz
Publication Date:
01-2021
Content Type:
Policy Brief
Institution:
The Nkafu Policy Institute
Abstract:
The proliferation of informal settlements in Cameroon is problematic. A range of factors explain why this is becoming recurrent. Some of these factors include a deficit of housing supply, unaffordability issues, critical market factors, weak legal and institutional systems, and the socio-economic conditions of the country. This article focuses on the roots of Cameroon’s informal housing crisis. Reviewing the literature on the topic, we provide the context of the problem in Cameroon by pointing out some evidence and magnitude of the issue and probe into some historical facts on housing. We then explore some of the negative conduits to the housing problem and propose key recommendations to the government that can help improve the situation. We used the content analysis method in collecting data.
Topic:
Economics, Governance, Regulation, Housing, and Real Estate
Political Geography:
Cameroon

91. Assessing The Mechanism Of The Issuance Of Construction Permits In Cameroon

Author:
Jean-Cedric Kouam
Publication Date:
03-2021
Content Type:
Policy Brief
Institution:
The Nkafu Policy Institute
Abstract:
The building permit is a preliminary declaration that allows for the verification of a construction initiative in a given locality, in line with the respect of town planning and architectural rules in force. In Cameroon, this document issued by the local council authority is mandatory for any possible new construction or modification of an existing construction. Therefore, any construction without an official permit is liable to a penalty of 30% of the estimated cost of the building. According to Law No.2004/003 of April 21, 2004 governing the Cameroonian Urban Planning Code and the decree of 23 April 2008; the process of obtaining this document has been considerably shortened. Yet, it remains quite complex. This complexity is evident in the plurality of procedures, requirements, norms, offices, conditions, actors, documents, and stakeholders involved in the process. All these are accompanied by the heavy financial burden, time-consuming processes, boycotts, administrative bottlenecks and corruption; all of which lead to unorganized and slow urban development. Moreover, within this complexity, is the reality that such mechanisms differ from one place to another across the national territory; thereby creating some sought of uncertainty, non-uniformity, and lack of trust in the system. The improvement in the issuance mechanism of Construction Permits in Cameroon is very vital for a country that has the ambition to achieve its economic emergence by 2035.
Topic:
Infrastructure, Regulation, Business, and Economic Development
Political Geography:
Africa and Cameroon

92. The Declaration and Payment of Taxes in Cameroon: A Critical Appraisal

Author:
Dr. Louis-Marie Kakdeu, Ulrich D’POLA KAMDEM, and Dinga Tambi
Publication Date:
05-2021
Content Type:
Special Report
Institution:
The Nkafu Policy Institute
Abstract:
The Nkafu Policy Institute is delighted to share with you the results of a report that critically appraises the declaration and payment of taxes in Cameroon. Indeed, since 2004 the Doing Business Index (DBI) of the World Bank has been ranking national economies based on their performance in several domains. One of these domains includes the “paying taxes” indicator. It records taxes and mandatory contributions that medium-size companies must pay in a given year and equally measures the administrative burden of paying taxes and contributions and complying with post-filing procedures. Therefore, the weight of the tax burden remains a decisive element in the attractiveness of an economy as it encourages or dissuades national and foreign investors, widens or reduces the tax base, stimulates or refrains entrepreneurship. During the 2009 and 2016 General Census of Enterprises by the National Institute of Statistics, the following key question was asked to top management personnel: “What are the most important obstacles to entrepreneurship in Cameroon?” Taxation was cited as the first major obstacle regardless of cities, according to National Institute of Statistics reports.
Topic:
Economics, Governance, World Bank, Regulation, and Tax Systems
Political Geography:
Africa and Cameroon

93. Regulatory Distance, Margins of Trade, and Regional Integration: The Case of the ASEAN+5

Author:
Chandran Govindaraju, Neil Foster-McGregor, and Evelyn Shyamala Devadason
Publication Date:
09-2021
Content Type:
Research Paper
Institution:
Economic Research Institute for ASEAN and East Asia (ERIA)
Abstract:
This paper measures regulatory distance in non-tariff measures (NTMs) to examine the regulatory distance patterns and how the margins of trade respond to regulatory distance for the ASEAN+5 economies (the 10 Association of Southeast Asian Nations Member States plus Australia, China, India, Japan and New Zealand). It decomposes the margins of trade and regulatory distance by sector (agriculture and manufacturing) and NTM type (technical, non-technical, sanitary and phytosanitary (SPS), technical barriers to trade (TBTs), and pre-shipment inspections and other measures) for the 15 countries. At the country level, the results indicate a varying regulatory distance amongst the ASEAN+5 countries. Regulatory implementation also varies by sector and by the type of measure. Within sectors, SPS regulatory distance is higher in the agriculture sector, while for manufacturing, the regulatory distance in TBTs is higher. Notably, few countries recorded a higher regulatory distance for non-technical measures and pre-shipment inspections. Interestingly, for the ASEAN region, there seems to be no evidence supporting a reduction in regulatory distance from 2015 to 2018, despite efforts to harmonise NTMs since 2015. The results indicate that regulatory distance largely has a trade-reducing effect along the trade margins within ASEAN+5 bilateral trade. Technical measures have a greater trade-reducing effect than other measures along extensive and intensive trade margins – specifically SPS in the agriculture sector and TBTs in the manufacturing sector. Notably, there is also evidence of non-technical measures and pre-shipments and other formalities impacting trade along extensive margins, despite efforts to establish trade facilitation. The paper also describes some policy implications.
Topic:
Economics, International Cooperation, International Trade and Finance, Regulation, and Regional Integration
Political Geography:
Asia and Southeast Asia

94. Public Policy: An Amorphous Concept in the Enforcement of Arbitral Awards

Author:
Akousa Serwaah Akoto
Publication Date:
03-2021
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
Public policy permeates the legal principles of a state and its ruling government. The justification of public policy is topical to the ethics and canons acknowledged by that state. These values are determined by the applicable political, social, economic, religious, and legal systems, which differ among states. As public policy usually best illuminates the broad area of government laws, regulations, provincial ordinances, and court decisions, the standards creating public policy alter as states develop. The motif of public policy is critical when the question of enforcement of arbitral awards suffice. There is no definite meaning of the term in the famous Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Arbitration Convention) to enforce foreign arbitral awards. Hence, this paper explores and traces some contemporary trends in defense of public policy as an exception to the enforcement of arbitral awards worldwide.
Topic:
Governance, Law, Regulation, and Public Policy
Political Geography:
Global Focus

95. The Soft Touch of International Financial Regulation: Status, Flaws and Future

Author:
Niall O'Shaughnessy
Publication Date:
06-2021
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
The 2008 global financial crisis focused attention on the relationship between the behaviour of international financial institutions and the rules they follow. Many banks in the US and Europe failed, in part, due to their inability to absorb the fallout of the US mortgage market collapse. If international financial institutions could not protect themselves from the cycles of the market, how come regulators were unable to do so either? The most relevant instrument of international financial regulation for understanding the 2008 crisis is the Basel Accords, the rules that specify how much capital a bank should always hold in reserve. However, these rules are ‘soft law’ and so, non-binding. It is a myth of course that soft law is the only way to regulate international finance, as many scholars argue. Despite numerous rounds of reform, the Basel Accords have always been inadequate. The purpose of this paper is to account for the flaws of the Basel Accords and the role that soft law plays in creating those flaws. This paper also analyses the competing theories behind the rise of soft law within financial regulation and the ‘political economy’ explanation is endorsed. The final section of the paper discusses the future of financial regulation and soft law, as well as highlighting innovations from outside the hard/soft law dichotomy and outside the Global North. This paper concludes by stating that the theory behind soft law does not play out in practice within finance and that it remains in place because it suits the interests of large institutions and powerful states. At the same time, a return to Bretton Woods or a new World Financial Organization is problematic and, as such, we must look beyond the hard/soft law debate and embrace the work of the Global South and East.
Topic:
Markets, Financial Crisis, Regulation, Capital, and Banking
Political Geography:
Global Focus

96. Shared Capital Initiatives – for Redistribution and Recognition

Author:
Sanjay Reddy
Publication Date:
07-2021
Content Type:
Working Paper
Institution:
Center on International Cooperation
Abstract:
Shared capital, defined as a broadly distributed pattern of rights over productive assets, can be a powerful instrument to address economic and social inequalities. We argue that initiatives to bring about shared capital can foster both redistribution and recognition, and thereby bring about more inclusive and peaceful societies. Based on experience, we suggest moreover that they are feasible and can be advanced by suitable policies and actions—at local, national, and global levels. Shared capital can involve distribution of various rights of an asset, including those of use, control, income, and transfer. This paper considers nine cases which feature some experience of shared capital involving various kinds of rights being distributed and relate these to different kinds of assets. In almost every case, the state has an important role to play in facilitating the distribution of rights.
Topic:
Regulation, Inequality, Peace, Sustainability, Capital, Redistribution, and Inclusion
Political Geography:
Global Focus

97. Why the CHIPS Are Down: Stock Buybacks and Subsidies in the U.S. Semiconductor Industry

Author:
William Lazonick and Matt Hopkins
Publication Date:
09-2021
Content Type:
Working Paper
Institution:
Institute for New Economic Thinking (INET)
Abstract:
The Semiconductor Industry Association (SIA) is promoting the Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Act, introduced in Congress in June 2020. An SIA press release describes the bill as “bipartisan legislation that would invest tens of billions of dollars in semiconductor manufacturing incentives and research initiatives over the next 5-10 years to strengthen and sustain American leadership in chip technology, which is essential to our country’s economy and national security.” On June 8, 2021, the Senate approved $52 billion for the CHIPS for America Act, dedicated to supporting the U.S. semiconductor industry over the next decade. This paper highlights a curious paradox: Most of the SIA corporate members now lobbying for the CHIPS for America Act have squandered past support that the U.S. semiconductor industry has received from the U.S. government for decades by using their corporate cash to do buybacks to boost their own companies’ stock prices. Among the SIA corporate signatories of a letter to President Biden in February 2021, the five largest stock repurchasers—Intel, IBM, Qualcomm, Texas Instruments, and Broadcom—did a combined $249 billion in buybacks over the decade 2011-2020, equal to 71 percent of their profits and almost five times the subsidies over the next decade for which the SIA is lobbying. In addition, among the members of the Semiconductors in America Coalition (SIAC), formed specifically in May 2021 to lobby Congress for the passage of the CHIPS for America Act, are Apple, Microsoft, Cisco, and Google. These firms spent a combined $633 billion on buybacks during 2011-2020. That is about 12 times the government subsidies provided under the CHIPS for America Act to support semiconductor fabrication in the United States in the upcoming decade. If the Congress wants to achieve the legislation’s stated purpose of promoting major new investments in semiconductors, it needs to deal with this paradox. It could, for example, require the SIA and SIAC to extract pledges from its member corporations that they will cease doing stock buybacks as open-market repurchases over the next ten years. Such regulation could be a first step in rescinding Securities and Exchange Commission Rule 10b-18, which has since 1982 been a major cause of extreme income inequality and loss of global industrial competitiveness in the United States.
Topic:
Science and Technology, Regulation, Legislation, Strategic Competition, Subsidies, and Lobbying
Political Geography:
United States of America

98. Regulating Big Tech: A Balancing Act

Author:
Ambika Khanna, Blaise Fernandes, Manjeet Kripalani, and Kartik Ashta
Publication Date:
07-2021
Content Type:
Special Report
Institution:
Gateway House: Indian Council on Global Relations
Abstract:
Big Tech is powerful and its profits are growing - by 105% over the last year. It dominates economies. This raises concerns about data protection and privacy, anti-trust, fintech and the specific role of intermediaries. India is leading the way on fintech, but is behind several countries and institutions on digital rules. It is important to establish laws and rules to govern technology – whether domestic or through multilateral bodies – with the aim to strike the right balance between innovation and regulation.
Topic:
Science and Technology, Regulation, Finance, Economy, Innovation, Industry, and Digital Revolution
Political Geography:
South Asia and India

99. Diagnosing Corruption in the Extractive Sector: A Tool for Research and Action

Author:
Alexandra Gillies, Sebastian Sahla, Matthieu Salomon, and Tom Shipley
Publication Date:
09-2021
Content Type:
Special Report
Institution:
Natural Resource Governance Institute
Abstract:
NRGI’s corruption diagnostic tool aims to support anticorruption actors as they tackle the complex and sensitive challenge of extractive sector corruption. Drawing on extensive sector-specific analysis, the tool enables its users to: Gather evidence and convene consultations to identify the forms of corruption most likely to negatively impact their country’s extractive industries; Diagnose the causes of these forms of corruption; Build an evidence-based anticorruption action plan, focused on preventing future corruption. The tool prioritizes multi-stakeholder participation, and its flexible approach allows users to adapt the content and process to meet their needs.
Topic:
Corruption, Natural Resources, Regulation, and Industry
Political Geography:
Global Focus

100. Surplus or Shortage? The Challenge of Setting a Domestic Supply Obligation for Tanzania’s Offshore Gas BRIEFING20 JULY 2021

Author:
David Manley and Thomas Scurfield
Publication Date:
07-2021
Content Type:
Policy Brief
Institution:
Natural Resource Governance Institute
Abstract:
One of the priorities of Tanzania’s new president is negotiating a way forward for the country’s long-planned offshore gas project. A key issue in this negotiation is the amount of gas that the government will take in the form of a domestic supply obligation (DSO). To increase the country’s energy supply, it wants a larger DSO than the currently agreed amount of around 8.5 percent of reserves. This report analyzes the implications of a larger DSO for meeting Tanzania’s energy needs, for the offshore project and the government revenues it can generate. It builds on previous NRGI analyses by the authors.
Topic:
Energy Policy, Natural Resources, Gas, Regulation, Legislation, Tax Systems, Commodities, and Revenue Management
Political Geography:
Africa and Tanzania