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41. The Intended and Unintended Consequences of Disposable Bag Regulation

Author:
Tatiana Homonoff, Lee-Sien Kao, Javiera Selman, and Christina Seybolt
Publication Date:
11-2021
Content Type:
Policy Brief
Institution:
The Cato Institute
Abstract:
Many recent government and corporate policies aimed at reducing a variety of negative externalities include regulations that ban the provision of externality‐​generating products. However, these policies often ban only a narrow subset of products associated with the underlying externality. For example, the U.S. Department of Justice banned bump stocks, which assist in rapid‐​fire shooting, after a Las Vegas mass shooting rather than placing stricter regulations on all assault weapons. Similarly, Starbucks recently banned the distribution of plastic straws at its stores to reduce environmental waste, and New York City attempted to pass a restaurant ban on sugar‐​sweetened beverages over 16 ounces to curb obesity.
Topic:
Environment, Government, Regulation, and Corporations
Political Geography:
Global Focus

42. 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

43. 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

44. Sovereign wealth funds are growing more slowly, and governance issues remain

Author:
Julien Maire, Adnan Mazarei, and Edwin M. Truman
Publication Date:
02-2021
Content Type:
Policy Brief
Institution:
Peterson Institute for International Economics (PIIE)
Abstract:
In the last two decades, sovereign wealth funds (SWFs)—funds accumulated by a government that are invested in whole or in part abroad to benefit the country in the future—have faced increased public scrutiny over their investment patterns, financial results, and governance. This Policy Brief updates and expands a prototype scoreboard rating the transparency and accountability of SWFs, which Truman established in 2007. This fifth edition of the scoreboard shows that the average scores continued to improve for the 64 SWFs examined, but governance issues remain. New funds have emerged—many of them government holding companies or strategic investment funds—but the growth of assets under management by SWFs has slowed, in some cases partly because of withdrawals to help finance expenses related to the COVID-19 pandemic, raising questions about their future role.
Topic:
Government, Markets, Sovereign Wealth Funds, Governance, Regulation, and Capital
Political Geography:
Global Focus

45. Building a Sustainable Electric Vehicle Battery Supply Chain: Frequently Asked Questions

Author:
Patrick Heller, Ethan Elkind, and Ted Lamm
Publication Date:
04-2020
Content Type:
Policy Brief
Institution:
Natural Resource Governance Institute
Abstract:
The global transition from fossil fuel-powered vehicles to electric vehicles (EVs) will require the production of hundreds of millions of batteries. The need for such a massive deployment raises questions from the general public and critics alike about the sustainability of the battery supply chain, from mining impacts to vehicle carbon emissions. Growing demand for the mineral inputs for battery production can provide an opportunity for mineral-rich countries to generate fiscal revenues and other economic opportunities. But where extraction takes place in countries with weak governance, the benefits expected by citizens and leaders may not materialize; in some cases extraction might even exacerbate corruption, human rights abuses and environmental risks. Many EV proponents and suppliers are aware that supply chain governance problems pose a challenge to the evolution of the EV industry, but outstanding questions remain about how these challenges materialize. This brief, jointly published by UC Berkeley School of Law’s Center for Law, Energy & the Environment (CLEE) and the Natural Resource Governance Institute (NRGI) provides basic information on the EV battery supply chain and key battery minerals, such as cobalt and lithium, and addresses the following questions: What does the supply chain for EV batteries comprise? How do carbon emissions from EVs compare to traditional internal combustion engine (ICE) vehicles? What are the most significant challenges in managing the mineral extraction necessary for the EV supply chain, and what sustainability and human rights initiatives apply?
Topic:
Civil Society, Corruption, Government, Human Rights, Natural Resources, Governance, Regulation, Legislation, and Supply Chains
Political Geography:
Global Focus

46. Consumer Sovereignty and the Role of Government Intervention

Author:
Harold Furchtgott-Roth and Kirk R. Arner
Publication Date:
06-2020
Content Type:
Working Paper
Institution:
Hudson Institute
Abstract:
American businesses and consumers have an unequal relationship. Consumers generally are and should be sovereign because a consumer—not a seller, nor a third party, nor even the government—usually decides what to purchase. Consumers must like a business to buy its product or service. If a business has poor service, sales will suffer. And if a business is tainted by scandal, customers will flee. As courtiers of purchasing power, businesses go on bended knee to pay homage to the consumer. Typically, a business need not like a consumer to sell products or services. In most lines of business, a seller must sell to anyone willing to pay. And although there are types of businesses where a seller can legally refuse a sale, most rational sellers seek as many customers as possible.
Topic:
Economics, Government, Sovereignty, and Regulation
Political Geography:
Global Focus

47. Big Tech, Antitrust, and Breakup

Author:
Michael A. Carrier
Publication Date:
01-2020
Content Type:
Special Report
Institution:
Georgetown Journal of International Affairs
Abstract:
Big Tech is in the news. At the center of our political and economic dialogue is the effect that Amazon, Apple, Facebook, and Google have on our lives and what, if anything, governments should do about it. In this article, I explain how Big Tech has come under scrutiny, the antitrust implications of the industry’s behavior, and the potential remedy of breaking up the companies.
Topic:
Economics, Government, Science and Technology, Regulation, Internet, Social Media, and Business
Political Geography:
Global Focus and United States of America

48. Masters of Illusion: Bank and Regulatory Accounting for Losses in Distressed Banks

Author:
Edward J. Kane
Publication Date:
08-2020
Content Type:
Working Paper
Institution:
Institute for New Economic Thinking (INET)
Abstract:
This essay is part of a larger work on the history of Federal Reserve policymaking entitled Banking on Bull. The study seeks to explain why the instruments of central banking inevitably break down over time. A big part of the explanation is that policymakers want accounting measures of bank net worth to be flexible enough to allow bankers and regulators to slow the release of adverse information about distressed banks, particularly very large ones. Modern regulatory frameworks focus on maintaining what can be described as the adequacy of accounting capital. But this framework is bull, because in tough times, bank accountants know how to make losses disappear.
Topic:
Federal Reserve, Regulation, Central Bank, and Banking
Political Geography:
Global Focus

49. Curbing deception - A world survey of legal restrictions of so-called ‘conversion therapies’

Author:
Lucas Ramón Mendos
Publication Date:
02-2020
Content Type:
Special Report
Institution:
ILGA World (International Lesbian, Gay, Bisexual, Trans and Intersex Association)
Abstract:
‘Conversion therapy’ is a term describing pseudo-scientific and harmful practices used to attempt altering a person’s gender expression, gender identity or sexual orientation. In 2020, ILGA World has released a ground-breaking report on the issue: Curbing Deception is an extensive global research into laws banning ‘conversion therapies’ both at the national and subnational level. The report explores the vast field of techniques used for the purpose of attempting to alter lesbians, gays and bisexuals’ sexual orientation, to prevent trans youth from transitioning or make trans people de-transition, or to force our gender expressions and roles to align with the social binary stereotypes of masculinity and femininity. It also analyses strategies beyond legal reform to restrict these harmful practices worldwide. Experimentation and abuse have long taken place under the legitimising cloak of medicine, psychology and science. As the report details, gruesome practices – including electroshock ‘therapies’, forced internments in ‘clinics’ and exorcisms – are still applied in numerous countries, pushing people of diverse sexual orientations, gender identities and expressions to living self-loathing lives, up to the extreme consequences of committing suicide. Protection from similar ineffective and cruel treatment is as urgent as ever: our report also exposes how - thanks to the tireless advocacy of activists, survivors and grassroots organisations – States, health professionals and international human rights bodies across the world are speaking up against so-called ‘conversion therapies’.
Topic:
Human Rights, Law, Reform, Regulation, LGBT+, Protection, and Conversion Therapy
Political Geography:
Global Focus

50. Countering terrorism in the shadows: The role of private security and military companies

Author:
Iveta Hlouchova
Publication Date:
12-2020
Content Type:
Journal Article
Journal:
Security and Defence Quarterly
Institution:
War Studies University
Abstract:
The article identifies the main features of the PSMCs’ involvement in counterterrorism operations and outlines what their future involvement might look like with its implications for international peace and security. The main methods used to gather data and to draw inferences are a content analysis of relevant primary and secondary sources, and a discourse analysis, used as a method of examining the prevailing discourse surrounding the activities of PSMCs, seeking to understand the level of transparency, accountability and attributability of these actors. So far, the PSMCs’ potential for counterterrorism has not been fully exploited. There are many challenges surrounding the existence and operations of PSMCs, mainly lack of transparency and accountability, the continuous significance of the plausible deniability and political expediency PSMCs provide to nation governments, and an insufficient and inadequate international regulatory and control framework with no sanction or enforcement mechanisms. Most recently, the tendency to re-legitimise PSMCs’ activities can be identified. There will most probably be an expansion of PSMCs’ activities in the near future, as climate change consolidates security as a commodity, not a right. Therefore, there is a renewed urgency for adequate and effective international regulatory and control mechanisms on their activities on the international level.
Topic:
Security, Privatization, Counter-terrorism, Regulation, and Proxy War
Political Geography:
Global Focus