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41. Key Issues and Policy Recommendations, Conference 3

Author:
Philipp H. Fluri, Oleksiy Melnyk, and Nazli Yildirim
Publication Date:
01-2017
Content Type:
Special Report
Institution:
Razumkov Centre
Abstract:
This publication offers the Key Issues and Policy Recommendations based on the results of the Third International Conference “Governance and Reform of State Security Services: Best Practices”. Conference Three – the third in a series of eight – focused exclusively on the SSU reform process; aiming to unpack the issues raised during the first two events: the SSU’s military status, pre-trial investigation powers and its oversight and accountability. Building on the findings and recommenda- tions of the previous conferences, this Conference aimed to identify current reform priorities, discuss relevant European good practices and assess capacity development needs for intelligence governance in Ukraine.
Topic:
Security, Intelligence, Legislation, Accountability, and Institutions
Political Geography:
Europe, Ukraine, and Eastern Europe

42. Proceedings from the Second International Conference “Security Sector Governance: The Role of Democratic Institutions & International Best Practices”

Author:
Philipp H. Fluri and Oleksiy Melnyk
Publication Date:
12-2017
Content Type:
Special Report
Institution:
Razumkov Centre
Abstract:
This publication offers the proceedings of the Conference II “Security Sector Governance: The Role of Democratic Institutions & International Best Practices”. Following the Conference I findings, participants elaborated current challenges related to the role of democratic institutions in the Ukrainian Security Sector Governance and worked out solutions based on possible accommodation of best international practices in Ukrainian realities. This publication offers presentations of the key speakers and the summaries of the Working Group discussions. General assessments, conclusions and proposals are those of the participants and do not necessarily coincide with the positions of DCAF, the Razumkov Centre or the official position of the Ministry of Foreign Affairs of the Netherlands. Publication was made possible in the framework of the joint DCAF-Razumkov Centre Project “Monitoring Ukraine’s Security Governance Challenges” sponsored by the Ministry of Foreign Affairs of the Netherlands.
Topic:
Security, Civil Society, Human Rights, International Organization, Governance, Media, Legislation, and Oversight
Political Geography:
Europe, Ukraine, and Global Focus

43. Mapping Dilutions in a Central Law

Author:
Kanchi Kohli and Debayan Gupta
Publication Date:
09-2017
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
Even as the Joint Parliamentary Committee’s report on the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) is awaited, several states have already brought about changes that severely compromise the scope of clauses related to consent, Social Impact Assessment (SIA), food security and higher compensations. These changes also restrict the applicability of the 2013 law at state level. States have executed these changes through Rules under Section 109 of the Act, or have enacted their own state level land acquisition legislations using Article 254(2) of the Constitution of India. States, which have exercised the latter option, have managed to override the provisions of the central law. In the present case this has meant doing away with the provisions of consent and Social Impact Assessment. This paper traces how, and to what extent, the provisions of the central law have been diluted by the states.
Topic:
Security, Constitution, Land Law, and Legislation
Political Geography:
South Asia, India, and Asia

44. Comments on Draft National Energy Policy

Author:
Navroz K. Dubash, Partha Mukhopadhyay, Radhika Khosla, Shibani Ghosh, Ankit Bhardwaj, and Swetha Sridhar
Publication Date:
07-2017
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
The Draft National Energy Policy released by the Niti Aayog in June 2017 was a roadmap describing the priorities of the government with regards to India's energy future and a critical reference document for all actors working in this field. This working paper reflects the result of internal deliberations, aimed at understanding and reflecting on the draft NEP, with the aim of constructive feedback to NITI Aayog.
Topic:
Energy Policy, Environment, Government, Finance, and Legislation
Political Geography:
South Asia, India, and Asia

45. From Prior to Post: Legalising environmental violations?

Author:
Krithika A. Dinesh and Kanchi Kohli
Publication Date:
07-2017
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
Between March 15 2017 and June 15 2017, 207 projects that violated the Environment Impact Assessment (EIA) Notification applied for an environmental clearance. These applications have come as a result of a notification that the Environment Ministry had passed on March 14th 2017 which gives an opportunity to projects that have violated conditions of the EIA Notification to apply for a clearance within a period of six months, ie by September 15. This notification was passed despite much criticism of the draft notification that was issued on 10 May 2016. The CPR-Namati Environmental Justice Program has analysed these applications to see what are the kind of geographical and sectorial spread of these violations and whether there are any trends emerging out of the applications that have come in till June 15. The Environment Ministry has already started looking at the applications through a Committee that has been set up for this. This Committee is headed by Dr SR Wate and had its first meeting on 22 June 2017. The Committee in its first meeting has examined ten applications. Out of these ten applications, the committee has already recommended seven for grant for a Terms of Reference subject to conditions. This working paper would be updated with the analysis of the applications that are coming in as well as the progress of these applications.
Topic:
Environment, Government, Natural Resources, Courts, and Legislation
Political Geography:
South Asia, India, and Asia

46. Migrants in construction work: Evaluating their welfare framework

Author:
Shamindra Nath Roy and Mukta Naik
Publication Date:
06-2017
Content Type:
Policy Brief
Institution:
Centre for Policy Research, India
Abstract:
More than two decades after the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 and the Building and Other Construction Workers Welfare Cess Act, 1996 came into force, the efficacy of this framework remains in question. Correctional steps have the potential to extend social benefits to construction workers, especially migrants who face particular vulnerabilities. Available data regarding implementation of the Acts by States presents a picture of overall tardiness and delay with wide variations. States need to ramp up worker registration; data suggests that lowering entry barriers for migrants improves registration and consequently, access to welfare benefits. While collection of cess funds has improved and is broadly proportionate to construction activity, their utilisation remains dismal. States need to think strategically on how to spend accumulated cess funds—especially on housing, occupational health and safety, grievance redressal and legal aid—and sustain welfare provisions over time. Accumulated unspent funds offer an opportunity for big-ticket, one-time expenditures. Examples from some States show that collaboration with civil society organisations could improve outreach, particularly to migrants.
Topic:
Migration, Labor Issues, Legislation, Labor Policies, and Welfare
Political Geography:
South Asia, India, and Asia

47. Foreign Investment in Cuba: From Conflict to Resolution

Author:
Rafael-Andrés Velázquez-Pérez, Miguel-Ángel Michinel-Álvarez, Margaret Crahan, and Gabriel Vignoli
Publication Date:
01-2017
Content Type:
Book
Institution:
Institute for Latin American and Iberian Studies at Columbia University
Abstract:
This manuscript originates from research initiated in 2010 at the University of Vigo in International Private Law with a specific focus on International Investment Law. The objective was to analyze the impact of the new paradigm of sustainability on this sphere of the law, with an emphasis on developing countries, and more specifically Cuba. This line of research has resulted in several publications intended for a Spanish-speaking scientific-juridical audience. Yet there is no scholarly work directly aimed at US investors as a prioritized target group. Being the first single Foreign Direct Investor in the world, and given its geopolitical and economic proximity, the US is bound to play a prime role in the field of investments in Cuba—despite political complications. As a consequence, we opted for a bilingual monograph on this topic with a dual purpose. The first part of the book, which is aimed at reaching a wide audience, examines the role played by foreign investment in Cuba and the country’s interest in attracting it by providing investors with a modern, stable, and coherent legal framework that is in line with current international standards. The second part of the book delves into specific technicalities of international investment law— with an emphasis on the conflict resolution system, which finds in arbitrage its main mechanism. This part, technical in nature, is not directly aimed at potential investors as much as their legal advisers, legal firms, arbitrators, and specialized scholarly communities—without whose input the success of foreign direct investment would be impossible. The text also engages critically with the specificities of US-Cuba relations in the context of Foreign Direct Investment. As shown in the first part of this monograph, it seems clear that the strategies pursued by different US administrations have thus far failed. It would be to the US’ benefit to forego the current policy of confrontation in favor of one of cooperation, as exemplified by the approaches taken by Latin America, xiv Europe, and Canada. The US should not lag, if it wants to attain a strategic position in the global repositioning toward the developing Cuban market. There is a need for targeted diplomatic and legislative efforts aimed at strengthening cooperation between the two countries in terms of investment. Among the challenges is the absence of a Bilateral Investment Treaty (BIT) between Havana and Washington. The obstacles faced by the Trump administration in the political, diplomatic, and financial sphere indicate that excessive isolationism and protectionism are not only counterproductive from a financial viewpoint, but they also imply for the US a loss of sovereignty and a diminished capacity to influence the international context. Should the US not change its current policy, it will be outperformed by other international actors such as the European Union and the BRICS (Brazil, Russia, India, and China) as investors in Latin America and in Cuba.
Topic:
Treaties and Agreements, Bilateral Relations, Foreign Direct Investment, Law, Economy, and Legislation
Political Geography:
Cuba, Latin America, Caribbean, and United States of America

48. The Security Sector Legislation of Ukraine

Author:
Oleksandr Lytvynenko, Philipp Fluri, and Valentyn Badrack
Publication Date:
01-2017
Content Type:
Book
Institution:
Geneva Centre for Security Sector Governance (DCAF)
Abstract:
This comprehensive collection of Ukrainian legislation on the Security Sector serves two purposes: it gives Ukrainian and Western experts an overview of what legal documents already exist in Ukraine; and serves as a tool for identifying possibilities for adaptations to the law.
Topic:
Security, Defense Policy, Sovereignty, Territorial Disputes, Governance, Law, Military Affairs, Conflict, and Legislation
Political Geography:
Geneva, Russia, Europe, Ukraine, and Eastern Europe

49. Unusual Bedfellows? PRI– PVEM Electoral Alliances in Mexican Legislative Elections

Publication Date:
06-2017
Content Type:
Journal Article
Institution:
German Institute of Global and Area Studies
Abstract:
We examine the electoral alliances between two Mexican political parties – the Partido Revolucionario Institucional (PRI) and the Partido Verde Ecologista de México (PVEM). Despite the PRI’s electoral dominance, it has entered into preelection agreements with the PVEM since 2003. These electoral pacts are unusual for several reasons: the parties do not share an ideology; their bases of support come from different social sectors; and the PRI’s survival as a party does not depend on these pacts. Using electoral data from 2006 to 2015, we examine the electoral districts in which the PRI and the PVEM ran joint candidates in federal legislative elections. We find that the ultimate goals of each party, their past electoral performances at the legislative district level, and the presence of PRI–PVEM alliances in gubernatorial elections explain the parties’ choices to collaborate in certain districts. Our findings have important implications for understanding the behavior of parties in newer democracies.
Topic:
Elections, Legislation, Local, Domestic Policy, and Party System
Political Geography:
Latin America, North America, and Mexico

50. Nation or District? Evaluating the Territorial Scope of Bills through Experimental Designs

Author:
Emilia Simison
Publication Date:
06-2017
Content Type:
Journal Article
Institution:
German Institute of Global and Area Studies
Abstract:
This paper studies the territorial scope of the bills presented by members of the Chamber of Deputies (the lower chamber of the Argentine National Congress) during Juan Domingo Perón’s first two terms in office (1946–1955). Its main objective is to observe the effect that modifying the electoral system (switching from incomplete party ballots in multimember districts to relative majorities in single-member districts) had on that scope. Experimental techniques (an interrupted time-series and a within-subjects design) are used to analyze a novel database including every bill presented in the Chamber of Deputies during the period in question. Contrary to theoretical expectations, an increase is observed in the share of bills with a territorial scope that goes beyond deputies’ districts – especially for those presented by legislators from the opposition and from larger provinces. In addition, by separately analyzing the effect on the ruling party and the opposition, the paper uncovers a plausible explanation for previous nonconclusive findings.
Topic:
Nationalism, Domestic politics, Legislation, and Local
Political Geography:
Argentina, South America, and Latin America