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31. Making Enhanced CACs the Rule: A Proposed Amendment of the Foreign Sovereign Immunities Act

Author:
Gregory Makoff
Publication Date:
09-2018
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
The recent rise in sovereign debt litigation in the US Federal Court System is an unintended consequence of the US Foreign Sovereign Immunities Act of 1976 related to an unanticipated shift of the international sovereign debt market from a narrow loan market to a global bond market. Collective action clauses (CACs) — developed in 2003 and “enhanced” in 2014 — are, in theory, an effective contract-based tool to facilitate orderly debt restructurings and control the holdout creditor problem. However, compliance by countries is voluntary and may not be sustained. To assure sustained compliance and to reduce the future incidence of holdout creditor litigation, the US Foreign Sovereign Immunities Act should be amended to provide that only bonds with enhanced CACs will be subject to suit and enforcement in the US courts.
Topic:
Debt, Legal Theory, Credit, and Global Bond Market
Political Geography:
United States and North America

32. Reconciliation beyond the Box: The UN Declaration and Plurinational Federalism in Canada

Author:
Sarah Morales and Joshua Nicholas
Publication Date:
09-2018
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
Prime Minister Justin Trudeau has publicly shared a vision of a plurinational state brought about through truth and reconciliation. He has expressed hope that Canadians are ready to rectify past wrongs and undo the legacy of colonialism by using the United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration) as “a way forward” to achieve self-determination, dignity and respect for Indigenous peoples. Many have questioned the government’s commitment to reconciliation built upon nation-to-nation and government-to-government relationships. Governmental support of major development projects such as the Trans Mountain Pipeline Expansion, against strong opposition from some Indigenous voices, has created skepticism. Many Indigenous leaders have expressed concerns about how changes to a number of laws currently making their way through Parliament will impact Indigenous people, and whether their concerns are being fully heard by government. With respect to the government’s rights recognition and implementation framework, some Indigenous communities argue that the focus should be on the affirmation rather than the mere recognition of rights that are already enshrined in the UN Declaration. This paper looks at the history of Indigenous treaty making in Canada, the history of the courts’ statements regarding Crown sovereignty, underlying title and legislative power, and how the UN Declaration might lead Canada and Indigenous peoples toward genuine nation-to-nation relationships.
Topic:
Energy Policy, United Nations, Colonialism, and Indigenous
Political Geography:
Canada and North America

33. Rethinking Industrial Policy for the Data-driven Economy

Author:
Dan Ciuriak
Publication Date:
10-2018
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
This paper reviews industrial policy in theory and historical practice. It makes the case for a fundamental reframing based on the centrality of data to the data-driven digital economy, the various roles that data plays in this economy (as a medium of digital transactions, as intangible capital and as infrastructure of a digitized economy), and the heightened scope for market failure in the data-driven economy. A number of points to guide the formation of industrial and innovation policy in the knowledge-based and data-driven digital economy are suggested. As part of their data strategies, countries should assess the market value of data generated in the exercise of public sector governance and data generated in Canadian public space; put in place procedures to capture data and regulate its capture; and use procurement to develop new capabilities in the private sector.
Topic:
Industrial Policy, Infrastructure, Governance, and Digital Economy
Political Geography:
Canada and North America

34. The Rise of Mega-Regionalism: Revealing Canada’s Blind Spots

Author:
Jeremy de Beer
Publication Date:
10-2018
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
The era of global multilateralism in international trade is coming to an end. The World Trade Organization’s (WTO’s) Doha Round, which sought to reduce multilateral trade barriers, has been declared “dead and buried” according to certain scholars. New WTO reform efforts may be rekindled; however, the world has shifted toward international economic regionalism. The WTO defines regional trade agreements as reciprocal preferential trade agreements between two or more partners (whether or not from the same region), of which almost 300 are in force. While these agreements can be called bilateral, free, regional or preferential trade agreements, there is a more important issue than naming.
Topic:
International Trade and Finance, Regional Cooperation, World Trade Organization, and Multilateralism
Political Geography:
United States, Canada, and North America

35. Flood Risk Mapping in Canada: Moving Forward on a National Priority

Author:
Daniel Henstra and Jason Thistlethwaite
Publication Date:
10-2018
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
To improve public awareness of flood risk and meet its commitment to the United Nations Sendai Framework on Disaster Risk Reduction, Canada must develop up-to-date flood risk maps and make them publicly available. Effective flood maps improve risk perception, ensure information is accessible and stimulate risk reduction. Good flood maps provide: information to personalize the experience of flooding; local and historical context; a legend; legible flood extents; definitions of scientific and technical terminology; transparency on uncertainty and limitations; data on all forms of flooding; and risk reduction advice. Until a more coordinated map development process can occur, the Government of Canada should create a national online repository where existing maps are collected and made publicly accessible.
Topic:
Science and Technology, United Nations, Natural Disasters, Maritime, Flood, and Maping
Political Geography:
Canada and North America

36. Crisis in the WTO: Restoring the Dispute Settlement Function

Author:
Robert McDougall
Publication Date:
11-2018
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
The impasse in the World Trade Organization (WTO) over the appointment of new members of the Appellate Body is just one symptom of crisis in cooperation on trade. Driven by skepticism about multilateralism and binding dispute settlement, and by a growing strategic and economic rivalry with China, the current US administration has elevated longstanding US concerns about WTO dispute settlement to new heights. The inability of WTO members to exercise their collective authority to interpret the meaning of their WTO commitments has meant that the Appellate Body is effectively not subject to any checks and balances. As other WTO members blocked US efforts to negotiate more member control, the United States increasingly turned to unpopular unilateral mechanisms, culminating in the current block on new appointments as part of its more disruptive trade policy. Assuming the United States will eventually return to rules-based trade, restoring the WTO dispute settlement system to full capacity and enhancing its legitimacy will likely require some changes. This might include improving mechanisms for political oversight, diverting sensitive issues from adjudication, narrowing the scope of adjudication, improving institutional support and providing members more say over certain procedures. Preserving compulsory, impartial and enforceable dispute settlement in the WTO will require an accommodation of different perspectives on how the system should function. Achieving this, in whatever form, will contribute to maintaining and even strengthening multilateral cooperation on trade.
Topic:
International Trade and Finance, World Trade Organization, Global Political Economy, and Multilateralism
Political Geography:
United States, China, Asia, and North America

37. Canada Needs Standards to Support Big Data Analytics

Author:
Michel Girard
Publication Date:
12-2018
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
Standards can bring clarity on definitions, systems architecture, data ownership, grading, pooling, storage, disposal and set the bar regarding privacy and aggregation requirements. They are a necessary precondition for interoperability and commoditization to occur throughout value chains and across sectors. Canada has virtually no institutional capacity to develop standards in the information and communication technology sector. This policy brief proposes the creation of a standards collaborative that would be entrusted with the development of a standards road map to support big data analytics.
Topic:
Governance, News Analysis, and Data
Political Geography:
Canada and North America

38. The North American Arctic: Energizing Regional Collaboration and Governance

Author:
John Higginbotham and Jennifer Spence
Publication Date:
02-2018
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
The opening of the Arctic Ocean and the forces of globalization it will unleash pose both pressing challenges and exciting opportunities for the largest and most autonomous of the Arctic regions, the North American Arctic (NAA) — Greenland, Nunavut, the Northwest Territories, Yukon and Alaska. However, a broad pan-Arctic cooperation is not always the best approach to address these issues; neither are international interests always well aligned with the priorities of Northerners.
Topic:
International Affairs
Political Geography:
North America

39. The Case for Intellectual Property Rights: Should Patents Be Strengthened, Weakened or Abolished Altogether?

Author:
Joël Blit
Publication Date:
11-2015
Content Type:
Policy Brief
Institution:
Centre for International Governance Innovation
Abstract:
This policy brief recommends that to diminish the potential for holdup, uncertainty around patent rights should be reduced. Patents should be easily searchable and more easily understood by non-legal experts. In addition, patents should be narrower and more clearly demarcated. To the extent that the welfare costs of patents appear to outweigh their benefits, the requirements for obtaining a patent should be tightened. Further, patents should be made less broad and, concomitant with the reduction in the length of the product cycle, the length of patents should also be reduced.
Topic:
Economics, Intellectual Property/Copyright, Governance, and Law
Political Geography:
North America

40. The Big Break: The Conservative Transformation of Canada's Foreign Policy

Author:
John Ibbitson
Publication Date:
04-2014
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
The foreign policy of the Harper government has been called ideologically conservative, incoherent, a betrayal of a proud foreign policy tradition, and worse. The critics have a point, in that the Conservative view of Canada in the world represents a transformation from all that has gone before. But that transformation — that “big break” — disrupts an approach to foreign policy that was already under great stress. In fact, the arc of Canadian foreign policy from the end of World War II to the present can be divided into four periods: a period of Laurentian coherence, when the political, academic, bureaucratic and media elites living in the cities encompassed by the St. Lawrence River watershed formulated and implemented Canada's postwar approach to engaging the world; Laurentian incoherence, when that approach began to unravel due to both internal and external pressures; Conservative incoherence, when the Harper government tried — but often failed — to impose its own approach; and Conservative coherence, in which the Harper government has become increasingly sure-footed in its handling of diplomatic issues. Future governments may seek to reverse this Conservative reversal of the Laurentian approach, but given the breadth and depth of the Conservative coalition, at least some of the big break is likely endure.
Topic:
International Relations, Foreign Policy, and Reform
Political Geography:
Canada and North America