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431. Human Rights Law and the Investment Treaty Regime

Author:
Jesse Coleman, Kaitlin Y. Cordes, and Lise Johnson
Publication Date:
06-2019
Content Type:
Working Paper
Institution:
Columbia Center on Sustainable Investment
Abstract:
In its current form, the international investment treaty regime may stymie the business and human rights agenda in various ways. The regime may incentivize governments to favour the protection of investors over the protection of human rights. Investment treaty standards enforced through investor-state arbitration risk adversely affecting access to justice for project-affected rights holders. More broadly, the regime contributes to a system of global economic governance that elevates and rewards investors’ actions and expectations, irrespective of whether they have adhered to their responsibilities to respect human rights. Without comprehensive reform, investment treaties and investor-state arbitration will continue to interfere with realization of human rights and broader public interest objectives. This Chapter provides an overview of the interaction between human rights law and the investment treaty regime. It highlights the challenges that arise from tension between international human rights and investment norms, including the impact of the investment regime on the ability of host states to regulate and on access to justice for investment-affected rights holders. The chapter also explores whether and how human rights issues have been addressed by the investment regime to date, highlighting recent developments in treaty drafting practice and responses to human rights argumentation by investment tribunals. It notes the shortcomings of current approaches, and concludes by briefly setting out options for reform.
Topic:
Government, Human Rights, Treaties and Agreements, Reform, and Investment
Political Geography:
Global Focus

432. Six Ideas for Rejuvenating European Democracy

Author:
Richard Youngs, Stephen Boucher, Israel Butler, Maarten De Groot, Elisa Lironi, Sophia Russack, Corina Stratulat, and Anthony Zacharzewski
Publication Date:
11-2019
Content Type:
Working Paper
Institution:
Carnegie Endowment for International Peace
Abstract:
n recent years some European states have suffered dramatic regression, while others have experienced more subtle forms of democratic erosion. Several EU governments have constricted civic liberties. There has been lively debate about how much European citizens are losing faith in core democratic values. In general, the demand for democratic participation is outstripping its supply at both the national and EU levels. In recent years some European states have suffered dramatic regression, while others have experienced more subtle forms of democratic erosion. Several EU governments have constricted civic liberties. There has been lively debate about how much European citizens are losing faith in core democratic values. In general, the demand for democratic participation is outstripping its supply at both the national and EU levels.
Topic:
Politics, Governance, Reform, and Democracy
Political Geography:
Europe and European Union

433. Reforming Investor-State Arbitration by Recourse to the Domestic Courts of Host States

Author:
Armand de Mestral and Lukas Vanhonnaeker
Publication Date:
09-2019
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation (CIGI)
Abstract:
In response to concerns raised about investor-state arbitration (ISA), different proposals for reform of this means of dispute settlement have been proposed. One such proposal is to entrust domestic courts with the resolution of investment disputes. Although opting for the resolution of investment disputes before domestic courts has led to some discussion about the advantages and difficulties of this approach, very few studies have analyzed the specificities of domestic regimes in this regard. Many questions remain unanswered, including whether foreign investors have, in practice, access to domestic courts in the host state and whether the remedies available domestically are comparable to those available in ISA. In an attempt to answer some of these questions, a questionnaire was prepared and answered by respondents in 17 countries, in addition to Canada, from different regions of the world.
Topic:
Reform, Democracy, Legal Theory, and Investment
Political Geography:
United States, Canada, South America, North America, Mexico, and Peru

434. Does Trade Reform Promote Economic Growth? A Review of Recent Evidence

Author:
Douglas A. Irwin
Publication Date:
05-2019
Content Type:
Working Paper
Institution:
Peterson Institute for International Economics (PIIE)
Abstract:
Do trade reforms that significantly reduce import barriers lead to faster economic growth? In the two decades since the critical survey of empirical work on this question by Francesco Rodriguez and Dani Rodrik in 2000, new research has tried to overcome the various methodological problems that have plagued previous attempts to provide a convincing answer. This paper examines three strands of recent work on this issue: cross-country regressions focusing on within-country growth, synthetic control methods on specific reform episodes, and empirical country studies looking at the channels through which lower trade barriers may increase productivity. A consistent finding is that trade reforms that significantly reduce import barriers have a positive impact on economic growth, on average, although the effect differs across countries. Overall, these research findings should temper some of the previous agnosticism about the empirical link between trade reform and economic performance.
Topic:
Economics, Reform, Economic Growth, and Trade
Political Geography:
Global Focus

435. The Impact of Intranational Trade Barriers on Exports: Evidence from a Nationwide VAT Rebate Reform in China

Author:
Jie Bai and Jiahua Liu
Publication Date:
12-2019
Content Type:
Working Paper
Institution:
The John F. Kennedy School of Government at Harvard University
Abstract:
It is well known that various forms of non-tariff trade barriers exist within a country. Empirically, it is difficult to measure these barriers as they can take many forms. We take advantage of a nationwide VAT rebate policy reform in China as a natural experiment to identify the existence of these intranational barriers due to local protectionism and study the impact on exports and exporting firms. As a result of shifting tax rebate burden, the reform leads to a greater incentive of the provincial governments to block the domestic flow of non-local goods to local export intermediaries. We develop an open-economy heterogenous firm model that incorporates multiple domestic regions and multiple exporting technologies, including the intermediary sector. Consistent with the model’s predictions, we find that rising local protectionism leads to a reduction in interprovincial trade, more “inward-looking” sourcing behavior of local intermediaries, and a reduction in manufacturing exports. Analysis using micro firm-level data further shows that private companies with greater baseline reliance on export intermediaries are more adversely affected.
Topic:
International Trade and Finance, Political Economy, Reform, and Tariffs
Political Geography:
China and Asia

436. Overcoming the Global Despondency Trap: Strengthening Corporate Accountability in Supply Chains

Author:
Alice Evans
Publication Date:
10-2019
Content Type:
Working Paper
Institution:
The John F. Kennedy School of Government at Harvard University
Abstract:
This paper re-examines why global collective action problems persist, and how to overcome them. Drawing on 140 interviews with campaigners, politicians, and businesses in 10 European countries, it suggests that many activists are stuck in a despondency trap. Never seeing radical reform, they lower their ambitions, and invest in more feasible but sub-optimal alternatives. This creates a negative feedback loop, in which the dearth of radical reform becomes self-fulfilling. But if reformists see advances at home and abroad, they may become more optimistic about collective mobilisation and break out of their despondency trap. This is shown by tracing the drivers of ground-breaking legislation. From 2018, large French firms must mitigate risks of environmental and human rights abuses in their global supply chains, or else be liable. This bill – the world’s first of its kind – was vociferously contested by businesses. But French campaigners and politicians persisted for four years, because they saw reasons for optimism. These include growing international support; public outcry; the French political culture (state intervention, and distrust of multinationals); together with a Centre-Left Government. Optimism galvanised relentless mobilisation. Legislative success in France then delivered a positive shock to activists across Europe, who were emboldened to launch similar campaigns and escape their despondency trap.
Topic:
Political Activism, Reform, Business, State, Multinational Corporations, Legislation, and Accountability
Political Geography:
Europe and France

437. Tax Administration vs. Tax Rates: Evidence from Corporate Taxation in Indonesia

Author:
M. Chatib Basri, Mayara Felix, Rema Hanna, and Benjamin A. Olken
Publication Date:
10-2019
Content Type:
Working Paper
Institution:
The John F. Kennedy School of Government at Harvard University
Abstract:
Developing countries collect a far lower share of GDP in taxes than richer countries. This paper asks whether changes in tax administration and tax rates can nevertheless raise substantial additional revenue – and if so, which approach is most effective. We study corporate taxation in Indonesia, where the government implemented two reforms that differentially affected firms. First, we show that increasing tax administration intensity by moving the top firms in each region into “Medium-Sized Taxpayer Offices,” with much higher staff-to-taxpayer ratios, more than doubled tax revenue from affected firms over six years, with increasing impacts over time. Second, using non-linear changes to the corporate income tax schedule, we estimate an elasticity of taxable income of 0.59, which implies that the revenue-maximizing rate is almost double the current rate. The increased revenue from improvements in tax administration is equivalent to raising the marginal corporate tax rate on affected firms by about 23 percentage points. We suggest one reason improved tax administration was so effective was that it flattened the relationship between firm size and enforcement, removing the additional “enforcement tax” on large firms. On net, our results suggest that improving tax administration can have significant returns for developing country governments.
Topic:
Governance, Developing World, Reform, Business, and Tax Systems
Political Geography:
Indonesia and Southeast Asia

438. Incentivising Pro-Labour Reforms

Author:
Alice Evans
Publication Date:
03-2019
Content Type:
Working Paper
Institution:
The John F. Kennedy School of Government at Harvard University
Abstract:
This paper shows that countries may reduce labour repression if they perceive this as conducive to export growth. This paper traces what happened before, in the presence of, and then following the withdrawal of international economic incentives for pro-labour reforms in Vietnam and Bangladesh. The Government of Vietnam announced it would allow independent trade unions, in order to join the Trans-Pacific Partnership (TPP) and increase market access. Similarly, the Government of Bangladesh rescinded restrictions on unions, following global condemnation of Rana Plaza and fear of buyers leaving en masse. Both governments reduced labour repression to promote export growth. With high-level authorisation, Vietnamese and Bangladeshi activists and reformists became less fearful, and mobilised for substantive change. However, these economic incentives were short-lived: after Trump’s election, the USA withdrew from TPP; buyers continued to source from Bangladesh, and squeezed prices (without requiring labour reforms). Both governments then amped up labour repression - notwithstanding private regulation, economic upgrading, industry growth, and mass strikes.
Topic:
Economics, Labor Issues, Reform, Economic Growth, and Trans-Pacific Partnership
Political Geography:
Bangladesh, South Asia, and Vietnam

439. The politics of hope: a nation’s patience tested

Author:
Ali Tehrani and Azadeh Pourzand
Publication Date:
01-2019
Content Type:
Journal Article
Journal:
Harvard Journal of Middle Eastern Politics and Policy
Institution:
The John F. Kennedy School of Government at Harvard University
Abstract:
Winter 2019 marked the 40th anniversary of the 1979 Islamic Revolution in Iran. The anniversary celebrations occurred in the midst of a difficult era of socio-economic turmoil, the return ofَ U.S. sanctions, and deepening political infighting in the Islamic Republic. Tensions between the government and the people are especially high. The tectonic plates of social change have been shifting below the surface in Iran over the past two decades, with major discontent erupting in the past year. While the country’s political facade appears largely unchanged, tensions and fragmentations among the ruling elite have deepened. Economic conditions are fast deteriorating for the average citizen, while political repression remains a harsh reality. Iran’s citizens, who have clung to hope and the possibility for change through decades of domestic repression and isolation from the global economy, struggle to remain hopeful. Collective fatigue stemming from years of isolation from the global economy, as well as domestic economic hardship, compounds the disappointment Iranians feel from unfulfilled political promises. The Iranian government has repeatedly failed to carry out promised reforms; in recent years alone, President Hassan Rouhani has proven unable to carry out his promises to “open up Iran politically, ease rigid social restrictions and address human rights abuses.” As this situation continues, Iran risks despair and chaos.
Topic:
Government, Politics, Social Movement, Sanctions, Nuclear Power, Reform, Economy, and Memory
Political Geography:
Iran and Middle East

440. Character Reform: Egypt’s Year of Education

Author:
James Aird
Publication Date:
01-2019
Content Type:
Journal Article
Journal:
Harvard Journal of Middle Eastern Politics and Policy
Institution:
The John F. Kennedy School of Government at Harvard University
Abstract:
As Egypt’s ‘Year of Education’ begins, the government pushes much needed reform in pre-university education across the country. Supported by a $500 million World Bank loan, the government is accelerating efforts to train teachers, build schools, and implement tablet technology in primary and secondary education. The reforms include one ambitious project that is especially deserving of more attention: the expansion of a pilot program adapting Japanese educational techniques to the Egyptian context. At a meeting in Tokyo on February 29th, 2016, Japan’s Prime Minister Shinzo Abe and Egyptian President Abdel Fattah al-Sisi announced a joint partnership that sought to link Egypt to Japan through educational development, in part thanks to al Sisi’s personal admiration for Japan’s education system. As part of the joint partnership, Japanese and Egyptian administrators and policymakers set out to reshape Egyptian pedagogy. Modeled on Japan’s Tokkatsu education system, which refers to a program of “whole child development,” Egypt aims to build schools that place great emphasis on teaching students to be responsible, disciplined, and clean, as opposed to the more traditional model prioritizing higher standardized testing scores. A Tokkatsu-inspired curriculum is already being used at over forty schools that accepted more than 13,000 students in September 2018. While President al Sisi plans to personally monitor the new education system, other MENA states should also watch closely. If it successfully contributes to building Egypt’s human capital and improving students’ competitiveness, other states in the region might consider implementing similar educational policies.
Topic:
Development, Education, Reform, Children, Partnerships, and Youth
Political Geography:
Japan, Middle East, North Africa, and Egypt