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51. Panel 1: EU Withdrawal Bill - Delegated Powers

Author:
Ruth Fox, Michael Clancy, Mark Elliott, and Lord Lisvane
Publication Date:
10-2017
Content Type:
Video
Institution:
UK in a Changing Europe, King's College London
Abstract:
The morning after the 2nd reading debated of the UK Government's EU (Withdrawal) Bill, the Wales Governance Centre (along with the Hansard Society and The UK in a Changing Europe) co-hosted an event in central London where MPs, academics and exerts discussed the complexities of the bill.
Topic:
Governance, European Union, and Legislation
Political Geography:
United Kingdom and Europe

52. Women in the Ukrainian Security Sector: Legislation and Current Practices

Author:
Philipp H. Fluri, Maria Berlinska, and Valentyn Badrack
Publication Date:
06-2016
Content Type:
Special Report
Institution:
Razumkov Centre
Abstract:
This preliminary study performed by the Institute of Gender Programs and the Center for Army, Conversion and Disarmament Studies (CACDS), with financial support from DCAF, presents an analysis of the basic legislation regulating military service of women in the Armed Forces of Ukraine, the National Guard and the State Border Service. Concluding that the majority of problems faced by servicewomen during their professional career are not currently addressed by legislation, the study supplies preliminary recommendations and suggests amendments to specific legal provisions to fill relevant gaps in national legislation.
Topic:
Security, Gender Issues, Armed Forces, Women, and Legislation
Political Geography:
Europe, Ukraine, and Eastern Europe

53. Democratic Civilian Control over the Security Sector: Comparative Legal Documents

Author:
Philipp H. Fluri and Valentyn Badrack
Publication Date:
04-2016
Content Type:
Special Report
Institution:
Razumkov Centre
Abstract:
This publication provides a broad range of examples of national legislation as well as international conventions and instruments related to the democratic oversight of the security sector. The product is designed for stakeholders’ easy reference, be they civil society, democratic institutions, government or the security sector itself. Examples are supplied from, among others, Bulgaria, Canada, France, Norway, Poland and Switzerland.
Topic:
Security, Democracy, Legislation, and Institutions
Political Geography:
Europe, Ukraine, Canada, Norway, France, Poland, Bulgaria, and Switzerland

54. Democratic Civilian Control and Military Crisis in Ukraine: Legislative Aspects

Author:
Philipp H. Fluri and Valentyn Badrack
Publication Date:
02-2016
Content Type:
Special Report
Institution:
Razumkov Centre
Abstract:
The events of 2014 underlined key challenges facing the oversight of the security sector in Ukraine. As a result, a series of legal amendments were initiated on a preliminary basis in order to address democratic control and security sector reform issues. Although some of the legislative gaps revealed by the current crisis have been addressed, this publication outlines the need for further measures to repair the system of civilian control over the armed forces.
Topic:
Security, Democracy, Legislation, Institutions, and Civilians
Political Geography:
Europe and Ukraine

55. Anti-Corruption Measures in Ukraine after the Revolution of Dignity: Key Legislative Aspects

Author:
Philipp H. Fluri and Valentyn Badrack
Publication Date:
03-2016
Content Type:
Special Report
Institution:
Razumkov Centre
Abstract:
In October 2014, the Verkhovna Rada of Ukraine (the Ukrainian Parliament) adopted new legislation on an Anti-Corruption Strategy for 2014-2017, the National Anti-Corruption Bureau (NABU), and the National Agency for the Prevention of Corruption (NAPC), as well as anti-corruption amendments to a number of existing laws. Focusing on key legislation, this publication maps the general aspects of the recent legal reforms in Ukraine aimed at preventing and investigating corruption. Intended to improve public service integrity and prevent corruption, the success of the overall anti-corruption measures remains a focus of attention at national and international levels.
Topic:
Security, Corruption, Democracy, Legislation, and Institutions
Political Geography:
Europe, Ukraine, and Global Focus

56. Competition and Choice in Electricity Distribution in India

Author:
Daljit Singh
Publication Date:
08-2016
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
Introduction of competition and providing consumers choice of supplier have been two of the main aims of reform of the electricity sector in India. This paper examines the experience with three measures to fulfill these aims: (1) open-access to the transmission and distribution system; (2) allowing multiple distribution licensees in an area; and (3) proposed Electricity Act Amendments (EAA) for separation of carriage and content in the distribution system for electricity. Open access and multiple distribution licenses have not been very successful for two main reasons. First, there is a mismatch between the perspective of the Centre and the States; the Centre has a long-term perspective focused on competition and efficiency while the States are concerned about more immediate issues of protecting the discoms’ revenues and maintaining affordable tariffs. Second, incomplete and/or faulty legislation and regulations have resulted in ad-hoc rule-making and the Courts having to step in to fill the legislative and regulatory gaps. Two particularly significant examples are: (1) provision in the Electricity Act allowing multiple distribution licensees in the same area that has led to duplication of resources and high tariffs for consumers in Mumbai; and (2) the lack of comprehensive regulations defining the relationship between discoms and open access consumers that has led to difficulties for discoms in managing load swings and in power procurement planning; development of model regulations would be useful. The paper also identifies difficulties in achieving retail competition due to fragmented fuel markets, and suggests ensuring effective wholesale competition first. The proposed framework for separation of carriage and content in EAA is very cumbersome and may not achieve the stated goals. In addition, there are concerns about the impact on small consumers and the finances of the provider of last resort. The implications of EAA should to be thought through more thoroughly before implementation.
Topic:
Energy Policy, Natural Resources, Legislation, and Electricity
Political Geography:
South Asia, India, and Asia

57. Penalising Environmental Violations: An Analysis of The Ministry’s Proposal

Author:
Shibani Ghosh
Publication Date:
01-2016
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
In October 2015, the Ministry of Environment, Forest and Climate Change released a Draft Environment Laws (Amendment) Bill 2015 proposing amendments to the Environment (Protection) Act 1986 and the National Green Tribunal Act 2010. The stated objective of the Bill is to provide ‘effective deterrent penal provisions’ and to introduce the concept of monetary penalty. It also aims ‘to minimise the exercise of discretion and make an unambiguous framework’. This paper summarises the text of the Bill and analyses whether it will complement the environmental objectives the parent laws espouse. It discusses some of the major concerns relating to the proposed amendments under three broad themes: environmental damage and penalties, adjudicating authorities and rule making powers. It concludes that although penalties that effectively deter violators are certainly the need of the hour, the proposed amendments are unlikely to achieve this objective.
Topic:
Climate Change, Environment, Law Enforcement, Law, Legislation, and Deterrence
Political Geography:
South Asia, India, and Asia

58. How Effective are Environmental Regulations to Address Impacts of Industrial and Infrastructure Projects in India

Author:
Krithika A. Dinesh, Meenakshi Kapoor, Kanchi Kohli, Manju Menon, and Preeti Venkatram
Publication Date:
11-2016
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
People around the world live in areas that have been altered for industrial, infrastructure or mining projects. Their lives and occupations are being negatively impacted by problems of access, encroachment or pollution. Though governments in many countries have regulatory procedures for implementing environmental and social safeguards that are applicable to such projects so that problems can be minimised or mitigated, the qualitative difference of such regulatory systems depends on the efficacy of their compliance safeguards. Typically, in countries where compliance is low, projects meant for development have also resulted in substantial environmental and social costs. Governments and investors fear the implementation of environmental policies and claim that these are bottlenecks or speed breakers to growth. Several new studies show that stringent compliance of environmental policies will neither affect competitiveness nor slow down GDP growth. On the contrary, it may result in bottom line benefits at the level of projects as well as sustain economic growth by enhancing efficiency and innovation. India promulgated a series of environmental legislations between 1980 and 2005 to ensure that environmental and social impacts of land use change, infrastructure development and industrialisation are kept in check and timely mitigation is undertaken. The laws establish detailed procedures for assessing the environmental impacts of the proposed projects that are likely to cause land use change. The laws also involve the laying of conditions that are attached to the approvals granted to these projects. These conditions are meant to mitigate or prevent damage or impacts to the extent ascertained by the project proponents and the government or regulator. Since the time these laws were first designed, there have been numerous amendments to them to change the scope of applicability of these laws, the time taken by regulators for decision-making and the sharing of responsibility between state and central governments in implementing these laws. However, one aspect of these laws that has seen minimal change is in their monitoring and compliance regimes. What happens to the projects once they are granted approvals? Do they comply with all the conditions imposed on them for mitigating or minimising environmental and social impacts? Who oversees these processes and what is the extent to which compliance is achieved? This report is the outcome of a research project undertaken to understand the efficacy of conditional compliance, institutional monitoring and enforcement of environmental regulations to address the impacts faced by communities living around industrial and infrastructure projects. The project identified the institutions responsible for monitoring and compliance under various environmental laws, their procedures and practices by which these roles are realised. While it has been known that government agencies and regulatory bodies hold the formal duties of monitoring, the project also focused on how affected communities engage these institutions for greater compliance and remedies in case of environmental and social impacts of various kinds, such as encroachment or damage to common or private property, loss of livelihoods and loss of access to public spaces. By analysing the efforts made by affected parties to engage with environmental institutions to craft remedies for existing environmental impacts, this research aims to highlight regulatory ingredients that are necessary for sound environment regulation and better outcomes through compliance. If translated into concrete policy on environmental monitoring and compliance, these lessons could address the chasm between enforcement of environmental regulations and the ever-growing difficulties of meeting environmental challenges.
Topic:
Environment, Industrial Policy, Natural Resources, Infrastructure, and Legislation
Political Geography:
South Asia, India, and Asia

59. Morgan Lecture: The Americans with Disabilities Act: Civil Rights Then, Now, and in the Future

Author:
Lennard Davis
Publication Date:
02-2016
Content Type:
Video
Institution:
Clarke Forum for Contemporary Issues
Abstract:
The Americans with Disabilities Act recently reached its 25th year anniversary. This lecture looks at the history of how the most encompassing civil rights act of the 20th century, affecting the largest US minority, came to be passed; what its effects were and are; and what more work remains to be done.
Topic:
Human Rights, Social Justice, Disability, Civil Rights, and Legislation
Political Geography:
North America and United States of America

60. Postmaterialism and Political Elites: The Value Priorities of Brazilian Federal Legislators

Author:
Malu A.C. Gatto and Timothy J. Power
Publication Date:
04-2016
Content Type:
Journal Article
Institution:
German Institute of Global and Area Studies
Abstract:
We examine the distribution and consequences of postmaterialist value orientations among national legislators in Brazil. Using data collected in the Brazilian Legislative Survey in 2013, we undertake the first systematic study of postmaterialism within the National Congress and the party system and map the materialist/postmaterialist scale onto other salient divisions within the political class. We present five main findings. First, political elites evince vastly higher commitment to postmaterialism than the mass public. Second, Brazilian political elites drawn from constituencies with higher human development are more postmaterialist than their counterparts in other constituencies. Third, within the political class, the materialist/post- materialist cleavage overlaps in important ways with the left–right cleavage. Fourth, although postmaterialism successfully predicts elite attitudes on a number of “new politics” issues that are unrelated to the construction of the postmaterialist scale itself, postmaterialism is a poor predictor of voting behavior on the Congressional floor. Fifth, as others before us, we find institutional factors to be better predictors of legislative voting behavior in the Brazilian context.
Topic:
Legislation, Elites, Postmaterialism, and Political Class
Political Geography:
Brazil, South America, and Latin America