Search

Begin New Search Topic Legislation

61. The Limits of Labor Legislation Reforms: Rigidity, Growth, and Employment in Brazil

Author:
Jean Francois Mayer
Publication Date:
04-2016
Content Type:
Journal Article
Institution:
German Institute of Global and Area Studies
Abstract:
The literature addressing market dynamics typically assumes that reforming labor legislation has a direct impact on economic perfor- mance, the configuration of labor markets, and the strength of labor organizations. Within this literature one prevalent school of thought advocates flexibilizing labor laws as the key to creating economic pros- perity, enhancing labor productivity, increasing formal sector employ- ment, and successfully fighting poverty and socioeconomic inequality. I test these assumptions by analyzing the case of Brazil between 1995 and 2010. My findings suggest that reforms seeking to flexibilize the Brazilian labor code do not significantly change the country’s labor market or economy. I propose that transformations in international economic con- texts as well as differing policy orientations of successive Brazilian feder- al governments may hold more explanatory power in accounting for labor market changes during this time period.
Topic:
Labor Issues, Reform, Employment, and Legislation
Political Geography:
Brazil, South America, and Latin America

62. The Political Cost of Corruption: Scandals, Campaign Finance, and Reelection in the Brazilian Chamber of Deputies

Author:
Ivan Juca, Marcus Andre Melo, and Lucio Renno
Publication Date:
08-2016
Content Type:
Journal Article
Institution:
German Institute of Global and Area Studies
Abstract:
While corruption is widely disapproved of, some corrupt poli- ticians continue to win elections. We tackle this paradox by examining the effects of malfeasance scandals in politicians’ behavior. In particular, we focus on their campaign finance strategies and career choices. We explore these issues empirically with an original dataset that includes all lower-house members of Congress (MCs) in Brazil from 1995 to 2010. Although tainted incumbents tend to be penalized electorally, we show that campaign spending attenuates this effect. These results are robust, controlling for a host of potential confounders and biases. Hence, we offer a first exploration of incumbents’ strategies to avoid the electoral cost of their publicized wrongdoings. Above a certain threshold of fund- ing, Brazilian members of Congress become impervious to negative exposure, regardless of the severity of their ethical and/or criminal viola- tions. These results carry important normative consequences in terms of regulating campaign financing as a means of improving accountability.
Topic:
Corruption, Legislation, Campaign Finance, and Scandals
Political Geography:
Brazil, South America, and Latin America

63. When’s the Party (or Coalition)? Agenda-Setting in a Highly Fragmented, Decentralized Legislature

Author:
Monica Pachon and Gregg B. Johnson
Publication Date:
08-2016
Content Type:
Journal Article
Institution:
German Institute of Global and Area Studies
Abstract:
This paper examines committee behavior in Colombia to determine whether parties or coalitions exert agenda-setting powers despite the fact that the formal rules seemingly create little incentive for cooperation. Colombia’s party system is extremely fragmented, electoral volatility is high, and there is a long history of candidate-centered elec- toral rules, all of which suggests that party and coalition leaders have few tools to control the legislative agenda. Additionally, chairs do not directly control committee reports as in other presidential cases. However, the naming of ponentes (rapporteurs) to write ponencias (bill reports) for the committee may give leaders the opportunity to set the agendas in com- mittees. Hence, we test whether committee chairs strategically name ponentes to control the agenda and favor their partisan or coalition inter- ests. We test these ideas using a unique dataset covering two complete legislative sessions and thousands of bills. Overall, we find that commit- tee chairs use the ponente process to set the agenda and privilege legisla- tion sponsored by allies, especially the executive.
Topic:
Politics, Legislation, Decentralization, and Party System
Political Geography:
Colombia, South America, and Latin America

64. 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

65. Toward a Solution to the Kurdish Question: Constitutional and Legal Recommendations

Author:
Dilek Kurban and Yılmaz Ensaroğlu
Publication Date:
06-2010
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
There is more to the dominance of “rule of law” or “supremacy of law” in a state than the mere availability of a constitution or laws, or the presence of judicial institutions. Indeed, it is a fact of history that even the bloodiest dictatorships had their idiosyncratic laws and courts. In addition, there are countless historical examples of tyrannical and oppressive policies being implemented through courts. Thus, in paying special attention to the matter, international human rights law emphasizes in the Universal Declaration of Human Rights that “…it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law.” Article 3 of the Statute of the Council of Europe follows suit: “Every member of the Council of Europe must accept the principles of the rule of law and of the enjoyment by all persons within its jurisdiction of human rights and fundamental freedoms…” Article 1 of the European Convention on Human Rights, in addition, states: “The High Contracting Parties shall secure to everyone within their jurisdiction the rights and freedoms defined in Section I of this Convention.” These and other instruments of law confer on the states substantial responsibilities for the protection of human rights. Of a state’s obligations in that regard, the most important include constitutional and legal recognition of citizens’ human rights, non-interference in individuals’ exercise of those rights as long as such exercise does not violate the freedoms of others, and protection of those rights against interventions by others. These obligations have also become sources and criteria for a state’s claim to legitimacy. In other words, states are now considered to be legitimate to the extent they recognize and protect human rights. As a matter of fact, the protection of states’ rights to sovereignty cannot hold its ground against human rights, thus no state can have recourse to the ‘non-intervention in domestic affairs’ discourse in the face of violations within that state’s borders. The judiciary is the most important mechanism that will check the compliance of government policies and practices with the law and protect citizens’ rights and freedoms. This is why all acts and transactions of the administration need to be subject to judicial review in a state where rule of law prevails. In short, the judiciary is the one and only power that will put the principle of the rule of law into practice. In order for the judiciary to serve that function, that is, to protect human rights, it is indispensable that constitutional and legal arrangements be compatible with human rights law. Put differently, implementing the principle of rule of law necessitates that the law should, instead of siding with the state, have an autonomous standing vis-à-vis the state. The law must maintain equal distance to the state and the citizen. Otherwise, it will not be able to serve its arbitral function between the two sides, and as a result, its legitimacy becomes contested. Considering Turkey in this light, one sees that the legal framework has adopted the ideology of creating a homogenous society and a modern nation, instead of securing all individuals’ rights. Founded as a modern state upon the remnants of the multi-religious, multilingual, and multiethnic Ottoman Empire, the Turkish Republic decided that it would not be possible for it to realize the plans to construct the new nation without denying room to the distinct identities. In line with the secularist and nationalist policies pursued as an outgrowth of this approach, the legal framework underwent a complete overhaul. It has become widely accepted today that Kurds were one of the primary targets of these policies. As a matter of fact, in addition to general legal and constitutional amendments necessary for a Turkey committed to human rights and the rule of law, a number of particular arrangements are also required for a lasting and democratic solution to the Kurdish Question. Constituting the main focus of this report, these arrangements can be broken down into two groups: constitutional and legal. Although the constitutional articles and legal provisions examined in detail and the regulations and statutes which occupy lesser space in the report might appear to have a general character and do not include the words “Kurd” or “Kurdish”, they are essentially instruments aiming to restrict Kurds’ fundamental rights and freedoms and practically causing indirect discrimination against the Kurds. It goes without saying that several administrative measures that do not necessitate any particular legal arrangements must also be taken to solve the Kurdish Question. Discussed as part of the debates on the ‘democratic initiative’, some of these measures include the restitution of names in Kurdish and other languages to places plastered with Turkish names, removal of nationalist slogans etched by the state onto mountain slopes in Turkey’s eastern and southeastern region, changing the militarist names given to schools in the same region, and appointment of Kurdish-speaking public servants in the region to facilitate the use of Kurdish language in accessing public services. Though they are outside the scope of this report, these administrative steps and similar others need to be negotiated upon with Kurdish political representatives and opinion leaders and put in practice soon.
Topic:
Human Rights, Law, Constitution, Legislation, and Kurds
Political Geography:
Turkey, Middle East, and Kurdistan