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181. An assessment of direct and indirect liabilities of Polish banks AD 2015

Author:
Marek Radzikowski and Mieczysław Groszek
Publication Date:
08-2015
Content Type:
Special Report
Institution:
Center for Social and Economic Research - CASE
Abstract:
The present document is an attempt at a comprehensive analysis of direct and indirect burdens imposed upon banks in 2015. The idea to present such factors — which are often extremely varied in nature — in a single study was born out of the fact that these factors are often considered separately, on the basis of various criteria, which causes them to be split into different groups. This approach results in a fairly common tendency for fragmentary assessment of their impact and, more importantly, in the adoption of piecemeal regulations which fail to take into account the full impact of the actions taken in different areas. This applies in equal measures to supervisory authorities, regulators, analysts, policymakers and the media, which means that, in a somewhat oversimplified sense, the above statement is applicable to the public at large. This situation can be most succinctly characterised in the manner presented below. In the aftermath of the crisis, banks require a new set of instruments to regulate the functioning thereof. This is because they are to become more stable, safe, less risk-prone and more customer-friendly. Each of these areas requires a separate set of regulatory instruments, along with the respective subgroups thereof. Oftentimes they are not synchronised with each other and are usually aimed at the implementation of a specific, particular goal to an excessive extent. In addition, there are also “special tasks” such as the reform of the Credit and Saving Unions (SKOK).
Topic:
Finance, Economic growth, Banks, and Trade
Political Geography:
Europe, Central Asia, Caucasus, Eastern Europe, Poland, and European Union

182. The Banking Union: State of Art

Author:
Andrzej Reich and Stefan Kawalec
Publication Date:
06-2015
Content Type:
Special Report
Institution:
Center for Social and Economic Research - CASE
Abstract:
It is widely believed that the creation of the banking union initiated the integration of the EU banking market. The process is traced back to June 2012 (EU Summit decided to create the banking union), 4 November 2013 (effective date of the Banking Union Regulation), or 4 November 2014 (operational launch of the Single Supervisory Mechanism, SSM). However, the integration of the EU banking market began much earlier and the creation of the banking union should be considered the final rather than the initial step in the process.
Topic:
Finance, Financial Markets, Regional Integration, Banks, and Fiscal Policy
Political Geography:
Europe and European Union

183. On Competition in the Banking Sector in Poland and Europe Before and During the Crisis

Author:
Małgorzata Pawłowska
Publication Date:
01-2015
Content Type:
Special Report
Institution:
Center for Social and Economic Research - CASE
Abstract:
In the past decades, the banking sector has come to be known in literature as the banking industry as it was geared to increasing profits, banks were growing, and banking products developed dynamically. It was believed that competition in the banking sector makes banks more efficient and stimulates financial innovation opening new markets. The financial crisis of 2007–2008 has sparked the interest of researchers and politicians in competition in the banking sector and its impact on the stability of the financial sector and overall economic growth. However, researchers cannot agree whether more competition improves or hinders stability. The paper is comprised of three sections and a summary. The first section discusses the concept of competition in the banking sector as well as measures of competition. The second section is a review of literature on competition in the banking sector and its determinants. The third section presents the results of research on competition in the EU, including my own research as well as other research. The paper concludes with a short summary. This publication was presented by Małgorzata Pawłowska during the 134th mBank-CASE Seminar "The global financial crisis: changes in competition in the banking sector in Europe, the role of regulation and intervention by governments and central banks".
Topic:
Financial Crisis, Finance, Economy, Global Financial Crisis, and Banks
Political Geography:
Europe, Poland, and European Union

184. Alternative Dispute Resolution and Human Rights: Developing a Rights-Based Approach through the ECHR

Author:
Lorna McGregor
Publication Date:
07-2015
Content Type:
Journal Article
Abstract:
The presumption that courts are the principal forum for dispute resolution continues to be eroded. Alternative forms of dispute resolution (ADR), including agreement-based ADR (such as mediation and conciliation) and adjudicative ADR (such as arbitration), continue to proliferate and are increasingly institutionalized, leading to their characterization as ‘appropriate’ or ‘proportionate’ dispute resolution. Interestingly, despite these developments, the position of international human rights law (IHRL) on two key questions regarding ADR and proportionate dispute resolution (PDR) is unclear. These questions are, first, the standards of justice expected of ADR/PDR (whether entered into voluntarily or mandatorily). Second, the permissible circumstances in which parties to a dispute can be required to use ADR/PDR instead of, or before, accessing courts. The attributes and challenges with ADR/PDR have been discussed extensively in socio-legal studies, feminist literature and the dedicated ADR/PDR literature. This article seeks to bring this vast theory on the diversification and institutionalization of dispute resolution into IHRL. Through the lens of the European Court of Human Rights, this article examines the types of tests that supranational bodies currently employ and advances a framework for assessing the choice, design and implementation of ADR/PDR in the future.
Topic:
Human Rights, International Law, Legal Theory, and Courts
Political Geography:
Europe, France, and European Union

185. International Investment Law and the European Union: Towards a New Generation of International Investment Agreements

Author:
Catharine Titi
Publication Date:
07-2015
Content Type:
Journal Article
Abstract:
For about half a century, the European investment treaty model has been associated with European Union (EU) member states’ bilateral investment treaty practice, often referred to as their ‘best practices’. Member state bilateral investment treaties, which are liberal instruments strongly protective of investor interests, have remained relatively unchanged over the years, in contrast with their North American counterparts, which have come to represent a new type of investment treaty, cognizant for the first time of the contracting parties’ right to regulate. With the entry into force of the Treaty of Lisbon and the exercise of the EU’s new competence over the conclusion of treaties covering foreign direct investment, Europe marks its distances with the old approach of the member states and appears eager to set its own ‘model’. While broadly in harmony with the new generation of North American investment treaties, the nascent EU policy aims to improve international investment law in innovative ways, targeting both substantive and procedural protections, and leading to a yet newer generation of international investment treaties. The present article explores this new EU standard, which is set to change the face of international investment law as we know it.
Topic:
International Law, Treaties and Agreements, Foreign Direct Investment, and European Union
Political Geography:
Europe and European Union

186. International Investment Law and the European Union: A Reply to Catharine Titi

Author:
Martins Paparinskis
Publication Date:
07-2015
Content Type:
Journal Article
Abstract:
Reasonable people might disagree whether the European Union (EU) is likely to make a significant and commendable contribution to international investment law. This article addresses two issues of relevance for this discussion. First, it considers the appropriateness of evaluating evelopments in international investment law in terms of balance between investor protection and the right to regulate. Second, the contribution of the recent EU practice is briefly examined, finding it less interesting and innovative than one might have expected.
Topic:
International Law, European Union, Regulation, and Finance
Political Geography:
Europe and European Union

187. Entre européanisation et fragmentation, quel modèle de développement pour le territoire ukrainien? (Between Europeanization and fragmentation, what model of development for the Ukrainian territory?)

Author:
Gilles Lepesant
Publication Date:
06-2015
Content Type:
Special Report
Institution:
Centre d'Etudes et de Recherches Internationales
Abstract:
One week before the third Eastern Partnership summit in Vilnius on November 28-29, 2013, Ukraine suspended the preparation of an association agreement with the European Union, which had been under negotiation since 2007. When the agreement was finally signed in June 2014, President Yanukovych had fled the country under people’s pressure, and the integrity of Ukraine was challenged in the East by separatists and their Russian allies. These events came paradoxically at a time when the country's cohesion seemed stronger than in the 1990s. Far from being divided into two parts, Ukraine consists of the pieces of broken empires that all have good reasons to join in the state, as recent as this one may be. Indeed, its geography, electoral or economic, does not show a split between two blocks, but various lines of division that do not necessarily herald the breaking up of the state. Since the independence, this diversity had never been translated into new institutions: for several reasons, the reshaping of the centralized regime inherited from the Soviet era was deemed untimely by the country’s political forces. Presented as a priority by the members of the Parliament elected in 2014, the reform of territorial government is being implemented while Ukraine’s driving regions are either paralyzed or threatened by war.
Topic:
Nationalism, Sovereignty, War, Territorial Disputes, Europeanization, Memory, Borders, and State
Political Geography:
Russia, Ukraine, Eastern Europe, Central Europe, and European Union

188. La pérennité du supranationalisme intergouvernemental, paradoxe de l’élargissement (The “Enlargement paradox”: Intergovernmental Supranationalism Survives despite the Winds of Change)

Author:
Tanja Mayrgündter
Publication Date:
04-2015
Content Type:
Research Paper
Institution:
Centre d'Etudes et de Recherches Internationales
Abstract:
In the last decade, the EU has been challenged by major phenomena, such as the entry into force of the Lisbon Treaty and the economic and financial crisis. Unlike other policy areas, where the logic of action and institutional interplays have consequently changed, enlargement constitutes a “paradox”, having largely been resistant to such impact factors. That is, “intergovernmental supranationalism” has remained the dominant feature of the enlargement polity, politics and policy. Even though the overall result has not changed, there has been change in the configuration among the intergovernmental and the supranational elements. That is, while on the one hand intergovernmental forces have increased, on the other hand, all three dimensions have primarily been hit by the “technicality turn”, consequently fostering the supranational momentum. Finally, an overall new balance has been reached under the “old” intergovernmental supranational umbrella.
Topic:
Politics, Regional Cooperation, European Union, and Political Science
Political Geography:
Europe, Global Focus, and European Union

189. Has Sweden injected realism into public financial management reforms in partner countries?

Author:
Matt Andrews
Publication Date:
09-2015
Content Type:
Working Paper
Institution:
The John F. Kennedy School of Government at Harvard University
Abstract:
Public financial management (PFM) reform is a common part of many development initiatives. It generally involves promoting "good practices" in developing countries, embedded in frameworks like the Public Expenditure and Financial Accountability (PEFA) assessment (PEFA 2006). These include multi-year budgeting, competitive procurement, modern internal audit, and more. Such practices have proved effective in selected contexts and promise solutions to common problems in governments. Unfortunately, a growing literature shows that many governments do not solve their problems after years of adopting such solutions. Data reveal that governments commonly produce new laws that are not enforced and budgets that are not effectively executed, and suffer from weak capacities in distributed units (like line ministries and local governments) after many finished projects (Andrews 2006, 2011, 2013; Porter et al. 2011; Wescott 2009). Studies tie these limits to a lack of realism in reform design and implementation (Andrews 2013; Andrews, Pritchett and Woolcock 2012; Booth 2011; Levy 2013; World Bank 2012). They argue, essentially, that reforms commonly fail to allow for necessary adaptation of external ideas to the realities in targeted contexts, often because the reform processes focus too narrowly on introducing the external good practice in principle and pay little attention to the practical difficulties of doing so in practice. Studies suggest, for instance, that such reforms pay insufficient attention to the political and administrative difficulties of effecting change, and that these difficulties commonly undermine reform results. Where studies see more effective and far reaching reform they often find that the externally nominated "good practices" are fitted to the targeted context through more adaptive processes that emphasize the real and practical issues of doing reform (like building reform support, testing and adjusting reform designs, and continually matching solutions and capacity realities and needs) (Andrews 2015; Andrews et al. 2014; Cabri 2014; Levy 2013). These studies call for approaches that allow more realism in reform processes in developing countries, especially those supported by multilateral and bilateral donors. They do so knowing that similar calls have been made before; and that there are already many examples of such realism in the development community. There is, however, a challenge to identify these examples and describe what such processes look like in practice. This search leads quickly to a focus on bilateral donors. A small and interesting set of work suggests that such donors might have a comparative advantage in introducing more realism to PFM-type reforms in developing countries, given their own country’s recent experiences with doing such reforms. The argument is simply that development agencies from these countries can leverage the real experiences with doing reform in their own contexts when engaging with reformers in developing countries. They can, for instance, access experienced reformers to share lessons on issues like building demand for change, establishing political support for reform, and adapting reform ideas to context. Such lessons are often learned best through experience and remain tacit in those who have been through the experience. Bilateral agencies arguably have an advantage in accessing such people and their lessons, and can more effectively incorporate this valuable knowledge into their reform support than multilateral agencies. This paper offers a novel analysis of this theory, asking whether Swedish development agencies working in the PFM field have leveraged the potential comparative advantage of the country’s own experience in supporting reform. The country’s own reforms have resulted in effective Sweden-specific adaptations of many of the good practices being promoted in developing countries today (including multi-year budgeting and modern accounting and audit). Academic descriptions of these reforms emphasize the processes by which they were adopted and the realism involved in such, and suggest the presence of many applied and tacit lessons one could see as valuable in developing countries (about testing reform ideas, for example, progressing gradually in reform processes, creating an urgent pressure for change, and building support for reform). The question asked here is whether Swedish development agencies bring these lessons into their support for PFM work, building on a potential advantage to promote realism in reform.
Topic:
Reform, Finance, Economy, International Development, and Institutions
Political Geography:
Europe, Sweden, and European Union

190. Being Special: The Rise of Super Clubs in European Football

Author:
Matt Andrews
Publication Date:
01-2015
Content Type:
Working Paper
Institution:
The John F. Kennedy School of Government at Harvard University
Abstract:
Professional football clubs are ubiquitous in Europe. Every small to medium sized city has one. But most cities do not have an F.C. Barcelona or Bayern Munich or Manchester United. These are among the ‘super clubs’ of Europe: they win more games, attract more supporters, and make more money than other clubs. These clubs were not always the juggernauts one sees today, however. This paper looks at how they emerged. It tells more of an economic story than a sporting one, recounting a narrative similar to that one might tell about the emergence of successful multinational companies. According to this narrative, super clubs rise by producing increasingly more complex products because of expanding productive capabilities, providing growing opportunities for economic spillovers in the process. As indicated, this narrative focuses particularly on the ‘capabilities’ that have helped super clubs emerge. This focus draws on an emerging theory about economic complexity, which is used to frame the paper and is briefly introduced in section two (following an introduction to super clubs). The theory posits that production results from the creative combination of economic capabilities—or know-how. Some products require few common capabilities, are produced by everyone, and have relatively low value: like the average football club. Other products require many capabilities (including some that are rare), have high value, and are produced by a select group: like the super club. This theory is used to suggest two hypotheses about how football clubs become super: First, clubs do not become super by just producing better versions of the same products (a successful football team). Instead, over time, these clubs produce more complex, higher-value, globally consumed products. Second, clubs become super by accumulating new capabilities (or know-how) over time, manifest in new skills and people accessed through a range of ‘catalyst capabilities’ that source the skills. The catalyst capabilities include engagement mechanisms (through which skills are located and contracted), capital, infrastructure, and adaptive leadership. These hypotheses are put to the test in this study.
Topic:
Economics, Sports, and Economic Complexity
Political Geography:
Europe and European Union