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221. Socially Responsible Public Procurement (SRPP) in Multi-Level Regulatory Frameworks: Assessment Report on Policy Space for SRPP Regulation and Implementation in Germany and Kenya

Author:
Tim Stoffel
Publication Date:
01-2020
Content Type:
Special Report
Institution:
German Institute of Development and Sustainability (IDOS)
Abstract:
Public Procurement is a highly regulated process ruled by a complex legal framework. It comprises not only national but also, increasingly, sub- and supranational regulations, giving rise to a multi-level regulatory governance of public procurement. The integration of sustainability aspects into public procurement, as called for in goal 12.7 of the Sustainable Development Goals (SDGs) of the Agenda 2030, needs to take this multi-level character into account. This reports focuses on social considerations, which are a central part of sustainable procurement – whether with a domestic focus or along international value chains. Social considerations have been somewhat neglected in Europe, whereas they feature prominently in procurement regulations in many countries of the Global South, especially in Sub-Saharan Africa (SSA). The advanced process of regional integration in the European Union (EU) and the progress made towards integration in some regional economic communities in Sub-Saharan Africa call for deeper analyses of the influence of the higher levels of the regulatory framework on the lower levels. The question is whether public entities, from the national down to the local level, are required or at least have the option to integrate socially responsible public procurement (SRPP) into their procurement processes and tenders, or at least have the option to do so. This report is conducted as part of the project “Municipalities Promoting and Shaping Sustainable Value Creation (MUPASS) - Public Procurement for Fair and Sustainable Production”, implemented by DIE in cooperation with Service Agency Municipalities in One World (SKEW) with funds from the Federal Ministry of Economic Cooperation and Development (BMZ) and compares public procurement in Germany and Kenya. In both countries, the multi-level regulatory frameworks allow for SRPP regulations and practices ar the national and sub-national levels of government. There is, however, an implementation gap for SRPP in Germany and Kenya that appears to be independent from the specifics of the respective regulatory framework. To tackle this, supportive measures, such as capacity building, are key. Furthermore, Regional economic communities, such as the EU and the Common Market for Eastern and Southern Africa (COMESA), can play a role in promoting SRPP, even without introducing mandatory provisions. At the other end of the multi-level regulatory spectrum, municipalities in the EU had and have an important role in SRPP implementation, that might be replicable by sub-national public entities in Kenya and other contexts.
Topic:
Development, Governance, Regulation, and Sustainable Development Goals
Political Geography:
Kenya, Africa, Europe, and Germany

222. 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

223. Shadow Lobbyists

Author:
Rocco d'Este, Mirko Draca, and Christian Fons-Rosen
Publication Date:
10-2020
Content Type:
Working Paper
Institution:
Institute for New Economic Thinking (INET)
Abstract:
Special interest influence via lobbying is increasingly controversial and legislative efforts to deal with this issue have centered on the principle of transparency. In this paper we evaluate the effectiveness of the current regulatory framework provided by the US Lobbying Disclosure Act (LDA). Specifically, we study the role of ex-Congressional officials who join US lobbying firms in positions that could be related to lobbying activity but without officially registering as lobbyists themselves. We find that firm lobbying revenues increase significantly when these potential ‘shadow lobbyists’ join, with effects in the range of 10-20%. This shadow lobbyist revenue effect is comparable to the effect of a registered lobbyist at the median of the industry skill distribution. As such, it is challenging to reconcile the measured shadow lobbyist effect with the 20% working time threshold for registering as a lobbyist. Based on our estimates, the contribution of unregistered ex-Congressional officials could explain 4.9% of the increase in sectoral revenues, compared to 24.0% for the group of registered officials.
Topic:
Corruption, Government, Politics, Regulation, Money, Lobbying, and Revolving Door
Political Geography:
North America and United States of America

224. 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

225. Smart Regulation in a Post-COVID-19 Economy

Author:
Committee for Economic Development of the Conference Board
Publication Date:
04-2020
Content Type:
Policy Brief
Institution:
The Conference Board
Abstract:
The COVID-19 pandemic has put regulation issues front and center in every American’s life. Within a few short weeks, 41 out of 50 states have issued stay-at-home orders,1 and regulations governing many other aspects of all Americans’ public lives are now imposed because of COVID-19. Among a long list of constraints, nonessential businesses, many of them small businesses, have been required to cease or sharply curtail their services. Schools have been closed, access to parks and outdoor spaces has been restricted, and other staples of all Americans’ public lives, including large gatherings, have been restricted. On the other hand, and more than ever before, Americans have seen other regulations lifted rapidly, particularly in the heavily regulated health care sector. Constraints on testing, laboratories, out-of-state health care workers, vaccine R&D, telemedicine, ventilator production, and infrastructure expansion have been relaxed. Even more extensive relief has addressed the unprecedented havoc that COVID-19 has unleashed on American society, public health, and the economy. Restrictions on work at home, online courses at colleges and universities, the transport of food and alcohol, and hours truck drivers can be on the road are all being lifted or relaxed to meet the demands of the crisis. Restrictions on the production of hand sanitizer and the amount that the Transportation Security Administration (TSA) allows passengers to carry on airplanes have also been relaxed.
Topic:
Regulation, Economy, Business, and COVID-19
Political Geography:
North America and United States of America

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

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

227. 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

228. The impact of regulatory frameworks on the global digital communications industry

Author:
Robert Dewar and Ellie Templeton
Publication Date:
10-2020
Content Type:
Policy Brief
Institution:
The Geneva Centre for Security Policy
Abstract:
A range of regulatory frameworks have been imposed by national governments and intergovernmental actors to control the operations of the digital communications sector. Whilst exercising their rights to manage entities operating within their jurisdictions, the imposition of economic restrictions has a significant impact beyond limiting commercial operations. This policy brief will analyse the impact of regulatory frameworks on the digital communications industry by exploring three high-profile programmes of restrictions imposed by three very different international actors
Topic:
Communications, Governance, Regulation, and Industry
Political Geography:
Global Focus

229. Land Title Insurance in India: Lessons from U.S. Regulatory Approaches

Author:
Anirudh Burman
Publication Date:
08-2020
Content Type:
Working Paper
Institution:
Carnegie Endowment for International Peace
Abstract:
India’s insurance market for land titles is still in the early stages of development. Borrowing from the U.S. model, here’s what Indian insurers and officials alike can do to keep the market flourishing and protect consumers. The poor quality of land title records in India is a significant impediment for growth and urbanization. Bad land title records result in excessive litigation, property disputes, and cases of fraud. This in turn affects the cost and certainty of transactions that involve land and real estate. While the Indian government has been operating a land record modernization program for over a decade, progress has been slow. This paper accordingly proposes that land title insurance be encouraged to reduce losses in land transactions. Title insurance will also provide buyers of land and real estate a mechanism for mitigating the risks that arise from such transactions. Insurance products cannot be launched in India without prior registration with the insurance regulator, the Insurance Regulatory and Development Authority of India (IRDAI). So far, IRDAI has registered some title insurance products, and it is now in the process of developing a general regulatory framework for the product. Once in place, this regulatory framework will determine the development of the title insurance market and consequently its ability to solve issues related to land transactions. Therefore, it is important that the regulatory framework adopted be suitably tailored to the unique characteristics of land title insurance as a product. In addition, the regulatory framework must give due regard to the incipient nature of the market in India. While title insurance is a new product in India, it is widely used in the United States. India’s regulatory framework can therefore be better informed by an examination of title insurance regulation in the United States. This is especially so given that insurance in the United States is determined at the state level, so different states follow different models of regulation. This diversity provides an opportunity to better understand how title insurance should be regulated given the local environment.
Topic:
Urbanization, Regulation, Land, and Insurance
Political Geography:
South Asia, India, North America, and United States of America

230. Public procurement in law and practice

Author:
Erica Bosio, Simeon Djankov, Edward Glaeser, and Andrei Shleifer
Publication Date:
08-2020
Content Type:
Working Paper
Institution:
Peterson Institute for International Economics (PIIE)
Abstract:
This paper examines a new dataset of laws and practices governing public procurement, as well as procurement outcomes, in 187 countries. The authors measure regulation as restrictions on the discretion of the procuring agents. They find that laws and practices are highly correlated with each other across countries, and better practices are correlated with better outcomes, but laws themselves are not correlated with outcomes. To shed light on this puzzle, they present a model of procurement in which both regulation and public sector capacity determine the efficiency of procurement. In the model, regulation is effective in countries with low public sector capacity and detrimental in countries with high public sector capacity because it inhibits the socially optimal exercise of discretion. The paper finds evidence broadly consistent with this prediction: Regulation of procurement improves outcomes but only in countries with low public sector capacity.
Topic:
Government, Law, Regulation, and Procurement
Political Geography:
Global Focus