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1. Toward a Robust Architecture for the Regulation of Data and Digital Trade

Author:
Dan Ciuriak and Maria Piashkina
Publication Date:
04-2020
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
The rapid digital transformation occurring worldwide poses significant challenges for policy makers working within a governance framework that evolved over centuries. Domestic policy space needs to be redefined for the digital age, and the interface with international trade governance recalibrated. In this paper, Dan Ciuriak and Maria Ptashkina organize the issues facing policy makers under the broad pillars of “economic value capture,” “sovereignty” in public choice and “national security,” and outline a conceptual framework with which policy makers can start to think about a coherent integration of the many reform efforts now under way, considering how policies adopted in these areas can be reconciled with commitments under a multilateral framework adapted for the digital age.
Topic:
International Trade and Finance, Reform, Digital Economy, Multilateralism, and Digitization
Political Geography:
United States, China, Europe, Asia, and North America

2. UNRAVELING PRESIDENTIALISM: LEARNING FROM THE LATIN AMERICAN EXPERIENCE

Author:
Ebru īlter Akarçay
Publication Date:
02-2020
Content Type:
Journal Article
Journal:
Alternative Politics
Institution:
Department of International Relations, Abant Izzet Baysal University, Turkey
Abstract:
Early studies on presidentialism associated the design with political instability and weak democratic credentials, with deeply divided societies being particularly advised not to craft presidential regimes. Practices of presidentialism around the world later reframed the debate, as the focus shifted to variants of presidentialism. Presidentialism, in all its shades and colors, negates a monolithic set of political outcomes as evidenced by the constant experimentation in Latin America. This study scrutinizes how some reforms in Latin America served to pluralize presidentialism whereas other steps reinforced the opposite results. Lessons can be drawn from the two steps forward and one step back advance of presidentialism in the region. While the changing role of vice presidency, the impact of electoral system reform, and allowing for presidential exit through the intervention of the electorate diffuse power, the growing legislative powers of presidents and flexibilization of term limits dent pluralization.
Topic:
Reform, Democracy, Political structure, and Political stability
Political Geography:
United States and Latin America

3. 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
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

4. Theocracy vs Constitutionalism in Japan: Constitutional Amendment and the Return of Pre-war Shinto Nationalism

Author:
Naoko Kumada
Publication Date:
05-2018
Content Type:
Working Paper
Institution:
Centre for Non-Traditional Security Studies (NTS)
Abstract:
This paper offers an understanding of the scope, nature, and context of constitutional change being proposed in Japan today, in internal terms rather than through external reconstruction. Rather than being a mere reaction to “external circumstances”, as portrayed by its apologists and by “realist/rational-reconstructionist” analysis, the movement to amend and replace the Constitution is a project with a history, underpinned by a worldview and driven by an ideology that provide it with its own momentum. The most overlooked aspect of the movement is religion. From the Meiji Restoration until the end of the War, Japan was governed through a religio-political system based on a newly invented State Shintoism. The scope and intent of today’s movement to amend/replace the Constitution cannot be understood without this background in mind. Failure to account for the ideological, cultural, historical, and indeed the constitutional dimensions of the issue seriously underplays the stakes for Japan and its neighbours. The constitutional movement is part of a multi-generational project to restore what its leaders declare to be the “true shape of Japan”, with the pre-war religious ideology and constitutional form that they deem to have been unjustly replaced by the US occupation administration after Japan’s defeat.
Topic:
Imperialism, Reform, Constitution, and Domestic politics
Political Geography:
United States, Japan, Asia, and Asia-Pacific

5. The #FreeKesha Movement: Individual Rights & Corporate Responsibilities

Author:
Eli Banghart
Publication Date:
04-2017
Content Type:
Working Paper
Institution:
Center on Human Rights Education, University of Denver
Abstract:
The human rights laws in the realm of rape within the United States have come under higher scrutiny recently. Perhaps most notably, the case of pop-singer Kesha (formerly known as Ke$ha, real name Kesha Rose Seibert) against producer Dr. Luke. The singer wishes to be released from her contract that requires six albums with Dr. Luke’s work featured in at least six songs per album. An appeal for a legal injunction was denied on 19 February 2016, striking rallying movements under the #FreeKesha tagline and an outpouring of celebrity support. This case’s impact has moved beyond Kesha, in her own words, turning into a movement against staying silent towards abusers.
Topic:
Gender Issues, Human Rights, Reform, and Sexual Violence
Political Geography:
United States and North America

6. How to Reverse Five Years of Failure on Bahrain

Author:
Human Rights First
Publication Date:
02-2016
Content Type:
Working Paper
Institution:
Human Rights First
Abstract:
On the fifth anniversary of the mass protests in Bahrain that threatened to bring down the country’s autocratic regime, Bahrainis continue to suffer severe repression and political instability. Although the scale of mass arrests and torture the government used to suppress the uprising in March, April, and May of 2011 has diminished, and there have been some largely cosmetic reforms introduced since then, arbitrary arrests and torture in custody continue. Leading human rights activists and peaceful opposition leaders who were able to work relatively unimpeded since 2011 are now in jail, forced into exile, or facing trumped-up charges. The leading civil society and nonviolent political opposition figures arrested and tortured in 2011 remain in prison and there seems to be no prospect of any political dialogue between the government and opposition groups. The protests have not stopped, and a minority have taken on a violent edge, with over a dozen policemen killed since 2011. The country’s prisons are bulging with political detainees, many of whom were sentenced in mass trials after an unfair judicial process. This blueprint draws on dozens of interviews with Bahraini human rights defenders, civil society activists, journalists, academics, families of detainees, lawyers, U.S. government officials, and others. Despite repeated requests for permission to access Bahrain, Human Rights First has been denied entry to the country since 2012. This report examines conditions in Bahrain, the strengths and shortcomings of the U.S. response, and potential opportunities for the U.S. government to support civil society and strengthen respect for human rights. Though the smallest country in the Middle East, Bahrain exemplifies several of the major challenges for U.S. policy in the region. 2016 promises to be a defining year as a series of issues converge to threaten Bahrain, including: sectarian tensions exploited by ISIL and other Sunni extremists and by Shi’a-dominated Iran; economic vulnerability linked to sharply falling oil prices; corruption and political instability; a lack of reform leaving the root grievances of the large scale public protests unresolved; and U.S. government support for an authoritarian status quo seen as the best way of protecting major military investments—in Bahrain’s case, the U.S. Naval Fifth Fleet base. This year will also be important as President Obama shapes his legacy in the Middle East. In 2009, at the start of his presidency, he delivered a message of hope in Cairo: “America does not presume to know what is best for everyone, just as we would not presume to pick the outcome of a peaceful election. But I do have an unyielding belief that all people yearn for certain things: the ability to speak your mind and have a say in how you are governed; confidence in the rule of law and the equal administration of justice; government that is transparent and doesn't steal from the people; the freedom to live as you choose. These are not just American ideas; they are human rights. And that is why we will support them everywhere.” Much has changed in the intervening years. In his speech to the U.N. General Assembly in September 2015, President Obama opted for analysis rather than exhortation, noting, “repression cannot forge the social cohesion for nations to succeed. The history of the last two decades proves that in today’s world, dictatorships are unstable. The strongmen of today become the spark of revolution tomorrow.” He continued: “I believe a government that suppresses peaceful dissent is not showing strength; it is showing weakness and it is showing fear. History shows that regimes who fear their own people will eventually crumble, but strong institutions built on the consent of the governed endure long after any one individual is gone.” Yet the U.S. government’s handling of the enduring crisis in Bahrain has too often failed to draw obvious conclusions from the administration’s own analysis of the detrimental impact of human rights violations on stability and progress. As a result, in the absence of actions and policies that would suggest the contrary, many in Bahrain and across the region view the Obama Administration as supportive of the repressive leadership in Manama. This support for the dictatorship is rendering Bahrain less stable, undermining U.S. efforts to prevent violent extremism, and further damaging Washington’s credibility in the region.
Topic:
Human Rights, Foreign Aid, Reform, and Protests
Political Geography:
United States, Middle East, Bahrain, and Manama

7. Model Immigrants and Undesirable Aliens: The Cost of Immigration Reform in the 1990s, Christina Gerken

Author:
Maddalena Marinari
Publication Date:
01-2015
Content Type:
Journal Article
Journal:
Political Science Quarterly
Institution:
Academy of Political Science
Abstract:
Christina Gerken makes a critical contribution to our knowledge of the debate over immigration reform in the recent past. Her detailed and richly documented analysis of the content and social implications of the debate that led to critical changes to the American immigration system provides the most¬detailed discussion to date of the immigration reform discourse of the mid-1990s. Through the lens of critical-race theory and neoliberalism, Gerken analyzes how the passage of the Antiterrorism and Effective Death Penalty Act, the Personal Responsibility Act, and the Illegal Immigration and Immigrant Responsibility Act during the administration of Bill Clinton profoundly reshaped the rights and responsibilities of immigrants in the United States. - See more at: http://www.psqonline.org/article.cfm?IDArticle=19330#sthash.F2iED60M.dpuf
Topic:
Immigration and Reform
Political Geography:
United States

8. International Migration, US Immigration Law and Civil Society: From the Pre-Colonial Era to the 113th Congress (Edited by Leonir Mario Chiarello and Donald Kerwin, Scalabrini International Migration Network, 2014)

Author:
Breana George
Publication Date:
02-2015
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
With the passage of immigration reform legislation stalled in the House of Representatives, President Obama announced on June 30, 2014 that he was prepared to exercise executive authority on immigration if Congress had not acted by the end of the August recess. In early September, however the administration indicated that it would not move forward with issuing an immigration directive until after the November midterm elections due to polarization over the issue (Shear 2014). The administration argued that prolonging the time frame to act would allow the President to unveil a bolder and more sustainable policy to provide administrative relief to unauthorized immigrants (ibid.)
Topic:
Immigration and Reform
Political Geography:
United States

9. Cross-border e-commerce — Telecommunications reform in Mexico — Emerging debt markets

Author:
Kent Allen
Publication Date:
04-2014
Content Type:
Journal Article
Journal:
Americas Quarterly
Institution:
Council of the Americas
Abstract:
E-Commerce: Easing Cross-Border E-Commerce BY KENT ALLEN The age of digital commerce is dawning in Latin America, with cross-border marketers looking to the 2014 World Cup and 2016 Olympics in Brazil as opportunities to connect with online shoppers. Will the region capitalize on its e-commerce potential? The cross-border e-commerce math is simple. More online traffic means more sales opportunities, especially for digitally savvy brands from the U.S. and United Kingdom. The number of Latin Americans accessing the Internet jumped 12 percent last year, and mobile traffic is on the rise too. From July 2011 to July 2012, Flurry Analytics reports that four of the 10 fastest growing iOS and Android markets, as measured by the number of active devices, were in the Americas: Chile (279 percent); Brazil (220 percent); Argentina (217 percent); and Mexico (193 percent). Federico Torres, CEO of Traetelo, a cross-border marketplace solely focused on Latin America, explained why the region's future is digital at the June 2013 Chicago Internet Retailer Conference and Exhibition, the world's largest e-commerce conference. According to Traetelo, Chile (27 percent growth), Mexico (19 percent) and Brazil (19 percent) were among the five fastest-growing e-commerce markets in the world last year. “Three-quarters of Latin America shoppers find the products they search for on U.S. e-commerce sites,” said Torres.
Topic:
Government and Reform
Political Geography:
United States, United Kingdom, Brazil, Latin America, and Mexico

10. IMF Reform Is Waiting on the United States

Author:
Edwin M. Truman
Publication Date:
03-2014
Content Type:
Policy Brief
Institution:
Peterson Institute for International Economics
Abstract:
The vital role played by the International Monetary Fund (IMF) in stabilizing the world economy and financial system is in serious jeopardy. The failure in mid-January by the US Congress to approve IMF reform legislation that had been pending for more than three years did not simply bring to a screeching halt a decade of slow progress reforming the governance of the Fund to make it more representative, legitimate, and therefore effective. Congress's balking on this issue also did substantial, actual damage to the US reputation around the world, as the leaders of many countries called into question Washington's ability to deliver on promises made in international economic agreements.
Topic:
Economics, International Trade and Finance, International Monetary Fund, and Reform
Political Geography:
United States