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141. Anti-Corruption Measures in Ukraine after the Revolution of Dignity: Key Legislative Aspects

Author:
Philipp H. Fluri and Valentyn Badrack
Publication Date:
03-2016
Content Type:
Special Report
Institution:
Razumkov Centre
Abstract:
In October 2014, the Verkhovna Rada of Ukraine (the Ukrainian Parliament) adopted new legislation on an Anti-Corruption Strategy for 2014-2017, the National Anti-Corruption Bureau (NABU), and the National Agency for the Prevention of Corruption (NAPC), as well as anti-corruption amendments to a number of existing laws. Focusing on key legislation, this publication maps the general aspects of the recent legal reforms in Ukraine aimed at preventing and investigating corruption. Intended to improve public service integrity and prevent corruption, the success of the overall anti-corruption measures remains a focus of attention at national and international levels.
Topic:
Security, Corruption, Democracy, Legislation, and Institutions
Political Geography:
Europe, Ukraine, and Global Focus

142. Women in the Ukrainian Security Sector: Legislation and Current Practices

Author:
Philipp H. Fluri, Maria Berlinska, and Valentyn Badrack
Publication Date:
06-2016
Content Type:
Special Report
Institution:
Razumkov Centre
Abstract:
This preliminary study performed by the Institute of Gender Programs and the Center for Army, Conversion and Disarmament Studies (CACDS), with financial support from DCAF, presents an analysis of the basic legislation regulating military service of women in the Armed Forces of Ukraine, the National Guard and the State Border Service. Concluding that the majority of problems faced by servicewomen during their professional career are not currently addressed by legislation, the study supplies preliminary recommendations and suggests amendments to specific legal provisions to fill relevant gaps in national legislation.
Topic:
Security, Gender Issues, Armed Forces, Women, and Legislation
Political Geography:
Europe, Ukraine, and Eastern Europe

143. Morgan Lecture: The Americans with Disabilities Act: Civil Rights Then, Now, and in the Future

Author:
Lennard Davis
Publication Date:
02-2016
Content Type:
Video
Institution:
Clarke Forum for Contemporary Issues
Abstract:
The Americans with Disabilities Act recently reached its 25th year anniversary. This lecture looks at the history of how the most encompassing civil rights act of the 20th century, affecting the largest US minority, came to be passed; what its effects were and are; and what more work remains to be done.
Topic:
Human Rights, Social Justice, Disability, Civil Rights, and Legislation
Political Geography:
North America and United States of America

144. Competition and Choice in Electricity Distribution in India

Author:
Daljit Singh
Publication Date:
08-2016
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
Introduction of competition and providing consumers choice of supplier have been two of the main aims of reform of the electricity sector in India. This paper examines the experience with three measures to fulfill these aims: (1) open-access to the transmission and distribution system; (2) allowing multiple distribution licensees in an area; and (3) proposed Electricity Act Amendments (EAA) for separation of carriage and content in the distribution system for electricity. Open access and multiple distribution licenses have not been very successful for two main reasons. First, there is a mismatch between the perspective of the Centre and the States; the Centre has a long-term perspective focused on competition and efficiency while the States are concerned about more immediate issues of protecting the discoms’ revenues and maintaining affordable tariffs. Second, incomplete and/or faulty legislation and regulations have resulted in ad-hoc rule-making and the Courts having to step in to fill the legislative and regulatory gaps. Two particularly significant examples are: (1) provision in the Electricity Act allowing multiple distribution licensees in the same area that has led to duplication of resources and high tariffs for consumers in Mumbai; and (2) the lack of comprehensive regulations defining the relationship between discoms and open access consumers that has led to difficulties for discoms in managing load swings and in power procurement planning; development of model regulations would be useful. The paper also identifies difficulties in achieving retail competition due to fragmented fuel markets, and suggests ensuring effective wholesale competition first. The proposed framework for separation of carriage and content in EAA is very cumbersome and may not achieve the stated goals. In addition, there are concerns about the impact on small consumers and the finances of the provider of last resort. The implications of EAA should to be thought through more thoroughly before implementation.
Topic:
Energy Policy, Natural Resources, Legislation, and Electricity
Political Geography:
South Asia, India, and Asia

145. Penalising Environmental Violations: An Analysis of The Ministry’s Proposal

Author:
Shibani Ghosh
Publication Date:
01-2016
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
In October 2015, the Ministry of Environment, Forest and Climate Change released a Draft Environment Laws (Amendment) Bill 2015 proposing amendments to the Environment (Protection) Act 1986 and the National Green Tribunal Act 2010. The stated objective of the Bill is to provide ‘effective deterrent penal provisions’ and to introduce the concept of monetary penalty. It also aims ‘to minimise the exercise of discretion and make an unambiguous framework’. This paper summarises the text of the Bill and analyses whether it will complement the environmental objectives the parent laws espouse. It discusses some of the major concerns relating to the proposed amendments under three broad themes: environmental damage and penalties, adjudicating authorities and rule making powers. It concludes that although penalties that effectively deter violators are certainly the need of the hour, the proposed amendments are unlikely to achieve this objective.
Topic:
Climate Change, Environment, Law Enforcement, Law, Legislation, and Deterrence
Political Geography:
South Asia, India, and Asia

146. How Effective are Environmental Regulations to Address Impacts of Industrial and Infrastructure Projects in India

Author:
Krithika A. Dinesh, Meenakshi Kapoor, Kanchi Kohli, Manju Menon, and Preeti Venkatram
Publication Date:
11-2016
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
People around the world live in areas that have been altered for industrial, infrastructure or mining projects. Their lives and occupations are being negatively impacted by problems of access, encroachment or pollution. Though governments in many countries have regulatory procedures for implementing environmental and social safeguards that are applicable to such projects so that problems can be minimised or mitigated, the qualitative difference of such regulatory systems depends on the efficacy of their compliance safeguards. Typically, in countries where compliance is low, projects meant for development have also resulted in substantial environmental and social costs. Governments and investors fear the implementation of environmental policies and claim that these are bottlenecks or speed breakers to growth. Several new studies show that stringent compliance of environmental policies will neither affect competitiveness nor slow down GDP growth. On the contrary, it may result in bottom line benefits at the level of projects as well as sustain economic growth by enhancing efficiency and innovation. India promulgated a series of environmental legislations between 1980 and 2005 to ensure that environmental and social impacts of land use change, infrastructure development and industrialisation are kept in check and timely mitigation is undertaken. The laws establish detailed procedures for assessing the environmental impacts of the proposed projects that are likely to cause land use change. The laws also involve the laying of conditions that are attached to the approvals granted to these projects. These conditions are meant to mitigate or prevent damage or impacts to the extent ascertained by the project proponents and the government or regulator. Since the time these laws were first designed, there have been numerous amendments to them to change the scope of applicability of these laws, the time taken by regulators for decision-making and the sharing of responsibility between state and central governments in implementing these laws. However, one aspect of these laws that has seen minimal change is in their monitoring and compliance regimes. What happens to the projects once they are granted approvals? Do they comply with all the conditions imposed on them for mitigating or minimising environmental and social impacts? Who oversees these processes and what is the extent to which compliance is achieved? This report is the outcome of a research project undertaken to understand the efficacy of conditional compliance, institutional monitoring and enforcement of environmental regulations to address the impacts faced by communities living around industrial and infrastructure projects. The project identified the institutions responsible for monitoring and compliance under various environmental laws, their procedures and practices by which these roles are realised. While it has been known that government agencies and regulatory bodies hold the formal duties of monitoring, the project also focused on how affected communities engage these institutions for greater compliance and remedies in case of environmental and social impacts of various kinds, such as encroachment or damage to common or private property, loss of livelihoods and loss of access to public spaces. By analysing the efforts made by affected parties to engage with environmental institutions to craft remedies for existing environmental impacts, this research aims to highlight regulatory ingredients that are necessary for sound environment regulation and better outcomes through compliance. If translated into concrete policy on environmental monitoring and compliance, these lessons could address the chasm between enforcement of environmental regulations and the ever-growing difficulties of meeting environmental challenges.
Topic:
Environment, Industrial Policy, Natural Resources, Infrastructure, and Legislation
Political Geography:
South Asia, India, and Asia

147. How and Why Government, Universities, and Industry Create Domestic Labor Shortages of Scientists and High-Tech Workers

Author:
William Lazonick, Philip Moss, and Joshua Weitz
Publication Date:
12-2016
Content Type:
Working Paper
Institution:
Institute for New Economic Thinking (INET)
Abstract:
On June 2, 1965, under a mandate established by Title VII of the Civil Rights Act of 1964, the U.S. Congress created the Equal Employment Opportunity Commission (EEOC) to enforce federal anti-discrimination laws related to employment. The expectation was that African Americans would be prime beneficiaries of the EEOC. There was no assumption that the EEOC, on its own, could reverse deep-rooted employment discrimination against blacks. But in the late 1960s there was optimism that, in combination with equal educational opportunity and the strong demand for unionized workers in the well-paid manufacturing jobs that marked the post-World War II decades, the EEOC could help to ensure that an ever-increasing number of blacks would ascend to the American middle class. African Americans as a group are better educated than they were in the 1960s, and, as discriminatory norms and practices have lessened, large numbers of college-educated blacks have experienced upward employment mobility into professional, technical, and administrative occupations. But the promise of a large-scale ascendancy of blacks to middle-class status, characterized by secure and well-paid employment, has not been fulfilled. Our basic thesis is that, in combination with the institutions of racism which remain widespread in American society, the erosion of secure and well-paid employment opportunities is a major reason for the persistence since the 1980s of African Americans as disproportionately disadvantaged. Our contribution to the larger debate on the economics of race is to focus on the role of corporate resource allocation as the prime determinant of the quantity and quality of employment opportunities in the economy. The decline of middle-class employment opportunities has adversely affected the majority of the U.S. labor force of all races, ethnicities, and genders. African Americans, however, have been more vulnerable than other demographic groups to this decline. U.S. institutions of corporate governance vest power over major resource-allocation decisions in the hands of senior executives, supported by their hand-picked corporate boards. Given the enormous size of the major business corporations and their centrality to economic activity, the resource-allocation decisions made by senior executives of major U.S. corporations profoundly influence the operation and performance of the economy as a whole—including the availability, or not, of secure and well-paid employment opportunities. The failure to include an analysis of corporate resource allocation and how it has changed over the past half century in the policy debate on income inequality is what we call the “equal employment opportunity omission.”
Topic:
Race, Employment, Inequality, Civil Rights, Legislation, and Equality
Political Geography:
North America and United States of America

148. Elaborating in the INDC context

Author:
Neha B. Joseph
Publication Date:
09-2015
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
Several countries have embarked on nationwide processes to devise their ‘contributions’ towards a new global climate agreement set to be adopted at Paris in 2015. Sixty-two countries have already communicated their contributions to the UNFCCC, in pledges covering around 62.9% of global emissions in 2012. These contributions, formally known as ‘intended nationally determined contributions’ (INDCs) are expected to be the bedrock of post 2020 climate action and the building blocks of the 2015 climate deal, that is currently being negotiated by Parties. This paper discusses the emergence of this concept and outlines some of the legal and technical aspects of a contribution and their implications on ambition, adequacy and political feasibility. Section 3 analyses pledges in the submitted INDCs, with a special focus on G20 countries. The term ‘INDC’ first emerged in 2013 at the Warsaw negotiations of the Conference of Parties (COP) in a decision inviting Parties “to initiate or intensify domestic preparationsfor their intended nationally determined contributions….. and to communicate them well in advance of the twenty-first session of the Conference of the Parties (by the first quarter of 2015 by those Parties ready to do so)” For developed countries, INDCs will replace their Kyoto Protocol commitments; for developing countries, Nationally Appropriate Mitigation Actions (NAMAs) will continue to be in force as implementation tools supporting the mitigation component of their INDCs. Over the past year, countries have been negotiating to iron out differences on issues like differentiation, legal nature, scope, form and review of contributions with varying levels of success on each front.
Topic:
Climate Change, Diplomacy, Environment, International Cooperation, Treaties and Agreements, and Legislation
Political Geography:
South Asia, India, Asia, and Global Focus

149. Position Paper: Bringing migrant detention into line with human rights standards

Author:
Costanza Hermanin
Publication Date:
06-2013
Content Type:
Policy Brief
Institution:
Open Society Foundations
Abstract:
On the occasion of the 2013 review of the implementation of the Return Directive, this position paper encourages the European Commission to consider whether to adopt updated guidelines. It urges member states to consider adopting legislation to bring procedural safeguards and minimum conditions in line with human rights standards whenever detention is used during the return process.
Topic:
Human Rights, Migration, Law, European Union, Legislation, Migrant Workers, and Political Rights
Political Geography:
Europe

150. Police and the Use of Force in South Africa: Time for a New Approach

Author:
Centre for the Study of Violence and Reconciliation (CSVR)
Publication Date:
07-2011
Content Type:
Special Report
Institution:
Centre for the Study of Violence and Reconciliation (CSVR)
Abstract:
This report discusses the legal framework currently surrounding the use of deadly force by the South African Police Services. It recommends several conceptual flaws with current legislation and makes recommendations for amendments.
Topic:
Violence, Legislation, Police, and Police Brutality
Political Geography:
Africa and South Africa