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71. Privatizing the Adjudication of Disputes

Author:
Bryan Caplan and Edward P. Stringham
Publication Date:
10-2007
Content Type:
Working Paper
Institution:
Independent Institute
Abstract:
Must the state handle the adjudication of disputes? Researchers of different perspectives, from heterodox scholars of law who advocate legal pluralism to libertarian economists who advocate privatizing law, have increasingly questioned the idea that the state is, or should be, the only source of law. Both groups point out that government law has problems and that non-state alternatives exist. This article discusses some problems with the public judicial system and several for-profit alternatives. Public courts lack both incentives to be customer oriented and pricing mechanisms, plus they face problems associated with the bureaucratic provision of services. When parties can choose their tribunals, in contrast, those tribunals must serve customers and be mindful about conserving resources. Competition between arbitrators also can allow for experimentation and the provision of customized services rather than a centrally planned, one size fits all system. Contracts with an arbitration clause can easily stipulate the choice of tribunal, and we argue that if government courts simply refused to overrule binding arbitration agreements, de facto privatization could easily take place. This article discusses how private adjudication of disputes could enable the market to internalize externalities and provide services that customers desire.
Topic:
Civil Society, Government, Markets, and Privatization

72. India Country Risk Report

Publication Date:
12-2007
Content Type:
Working Paper
Abstract:
The Indian National Congress party, which heads the United Progressive Alliance (UPA) government, is doing relatively well in the opinion polls and may be tempted to call an early general election within the next six months (the poll must take place by May 2009). However, the outcome of the election is likely to be another coalition government. Major reform-oriented policy changes are unlikely to be pushed through in the run-up to the election, particularly given the rift between the UPA and its leftist political allies. Monetary policy will be put on hold in 2008 while inflationary pressures abate. Real GDP growth is forecast to moderate slightly, to 7.9% in fiscal year 2008/09 (April-March) and 7.2% in 2009/10. Strong domestic demand will lead to a widening of the merchandise trade deficit over the forecast period, but surpluses on the services and transfers accounts will limit the current-account deficit to an annual average of 1.5% of GDP in 2008-09.
Topic:
Economics, Political Economy, and Privatization
Political Geography:
India and Asia

73. Privatisation in the Meda Region

Author:
Celine Kauffmann and Lucia Wegner
Publication Date:
07-2007
Content Type:
Working Paper
Institution:
The Organisation for Economic Co-operation and Development
Abstract:
This paper builds on a new database (PRIVMEDA) in order to assess the progress of the privatisation process in the MEDA countries of Algeria, Egypt, Israel, Jordan, Lebanon, Malta, Morocco, Syria, Tunisia and Turkey. The first part of the paper offers an overview of the privatisation record from 1990 to 2006. It shows that, as in other parts of the world, the first wave of privatisations in the 1990s, which focused almost exclusively on profit-making enterprises in the tourism, transport, food and construction material sectors, slowed down towards the early 2000s and rebounded in 2005 when larger utilities where earmarked for sale. The second part of the paper assesses the outcome of the privatisation process in light of three key objectives: fiscal proceeds, economic efficiency and the development of the local private sector. It concludes that privatisation in the MEDA region can successfully promote efficiency and private sector development only when embedded in a package of measures, including the setting up of a proper regulatory framework, the improvement of the business climate and the liberalisation of financial markets.
Topic:
Privatization, Tourism, Regulation, and Financial Markets
Political Geography:
Turkey, Israel, Algeria, Lebanon, Syria, Egypt, Jordan, Morocco, Tunisia, and Malta

74. Privatisation in Deep Water? Water Governance and Options for Development Cooperation, INEF-Report 84

Author:
Annabelle Houdret and Miriam Shabafrouz
Publication Date:
01-2006
Content Type:
Working Paper
Institution:
Institute for Development and Peace
Abstract:
Water is an essential factor for human development and health, but also for agricultural production, the development of the tourism sector and industrial growth. The increasing scarcity of the resource contributes to high competition between these user groups. Growing tension and conflict over water allocation urge for new approaches in demand management.
Topic:
Development, Government, Health, and Privatization

75. Le débat russe sur l'informel

Author:
Myriam Désert
Publication Date:
05-2006
Content Type:
Working Paper
Institution:
Centre d'Etudes et de Recherches Internationales
Abstract:
What are the roots of the informal sector and what effects does it have? Is it a blessing or a curse? Changes in post-Soviet Russia contribute new food for thought to a debate that had previously been nourished primarily by considerations on the situation in developing countries. In Russia can be observed processes of formalization – and “deformalization” – of the rules governing not only the practices of economic actors, but also in the rarified distribution of public services publics. The analysis of actual informal practices feeds thinking about the relations between economic and political changes: what impact do they have in setting up a market economy and the rule of law, and in the reconfiguration of both the economic and social arena? An investigation into the way Russian academic circles and social actors view the informal sector sheds light on the various behavioral determinant: reaction to the economic context, cultural roots, social beliefs, and so on. The case of Russia illustrates how the informal sector is not only a mode of action that circumvents legal guidelines, but also a mode of sociability that rejects anonymous social relations. It helps examine ways to reinject the social aspect into economics.
Topic:
Government, Political Economy, and Privatization
Political Geography:
Russia, Europe, and Asia

76. Privatization: A Summary Assessment

Author:
John Nellis
Publication Date:
03-2006
Content Type:
Working Paper
Institution:
Center for Global Development
Abstract:
In the last 25 years many thousands of formerly state-owned and operated firms have been privatized in developing and transition countries, generating over $400 billion (US) in sales proceeds. In addition, thousands of firms have been transferred by privatization processes in which no money was raised (though a surprising number of state-owned firms remain in these regions). The vast majority of economic studies praise privatization's positive impact at the level of the firm, as well as its positive macroeconomic and welfare contributions. Moreover, contrary to popular conception, privatization has not contributed to maldistribution of income or increased poverty——at least in the best-studied Latin American cases. In sum, the technical picture is generally positive. Nonetheless, public opinion in the less developed world is generally suspicious of, and often hostile to, privatization. A good part of the problem is that privatization has proven harder to launch, and is more likely to produce errant results, in low-income, institutionally weak states, particularly in the most important infrastructure sectors. Privatization is hard to sell politically; it has become a lightning rod and handy scapegoat for all discontent related to liberalization and globalization. What is needed are reform mechanisms that give incentives and comfort to reputable private investors, that create and sustain the policy and regulatory institutions that make governments competent and honest partners with the private operators, while at the same time protecting consumers, particularly the most disadvantaged, from abuse.
Topic:
Development, Economics, Government, and Privatization
Political Geography:
Latin America

77. Privatization--A Summary Assessment

Author:
John Nellis
Publication Date:
03-2006
Content Type:
Working Paper
Institution:
Center for Global Development
Abstract:
In the last 25 years many thousands of formerly state-owned and operated firms have been privatized in developing and transition countries, generating over $400 billion (US) in sales proceeds. In addition, thousands of firms have been transferred by privatization processes in which no money was raised (though a surprising number of state-owned firms remain in these regions). The vast majority of economic studies praise privatization's positive impact at the level of the firm, as well as its positive macroeconomic and welfare contributions. Moreover, contrary to popular conception, privatization has not contributed to maldistribution of income or increased poverty——at least in the best-studied Latin American cases. In sum, the technical picture is generally positive. Nonetheless, public opinion in the less developed world is generally suspicious of, and often hostile to, privatization. A good part of the problem is that privatization has proven harder to launch, and is more likely to produce errant results, in low-income, institutionally weak states, particularly in the most important infrastructure sectors. Privatization is hard to sell politically; it has become a lightning rod and handy scapegoat for all discontent related to liberalization and globalization. What is needed are reform mechanisms that give incentives and comfort to reputable private investors, that create and sustain the policy and regulatory institutions that make governments competent and honest partners with the private operators, while at the same time protecting consumers, particularly the most disadvantaged, from abuse.</p
Topic:
Development, Economics, Political Economy, and Privatization
Political Geography:
Latin America

78. Towards a New Profile? Development, Humanitarian and Conflict-Resolution NGOs in the Age of Globalization

Author:
Tobias Debiel and Monika Sticht
Publication Date:
01-2005
Content Type:
Working Paper
Institution:
Institute for Development and Peace
Abstract:
Both the significance and the profile of nongovernmental organizations (NGOs) have undergone a fundamental transformation in the past twenty years. In development cooperation new fields such as ecological sustainability and the promotion of democracy have emerged besides 'traditional' issues like poverty reduction. Furthermore, confronted with the realities of war and state decline, developmental NGOs pay increasing attention to crisis prevention and the resolution of conflicts; even a new type of nongovernmental organization has appeared, conflict-resolution NGOs. The change has been particularly dramatic in the area of humanitarian aid: even before the end of the Cold War some NGOs – Médecins sans Frontières (MSF) at the head of all of them – freed themselves from the “straitjacket” of only conducting humanitarian operations with the permission of the (often illegitimate) local government; meanwhile the concept of sovereignty has been substantially redefined. NGOs, however, also con- formed to the imperatives of globalization and commercialization, and formed oligopolies on the market for humanitarian aid. At the same time, they are also confronted with their own “powerlessness” in conflict zones: actors of violence and power-holders successfully attempt to instrumentalize humanitarian aid for their own purposes, and western military forces threaten the independence of humanitarian work by demanding subordination to political and strategic goals.
Topic:
Globalization, Government, Humanitarian Aid, Non-Governmental Organization, Privatization, and Sovereignty

79. OECD Guidelines for Managing Conflict of Interest in the Public Service

Publication Date:
09-2005
Content Type:
Policy Brief
Institution:
The Organisation for Economic Co-operation and Development
Abstract:
Conflict of interest has become a key issue in public debate worldwide in recent years, not just in the private sector but also increasingly in the public sector. The breaking down of barriers between public and private sectors — through the privatisation of services, public/private partnerships and exchanges of personnel — has created grey zones and opportunities for corruption. For instance, conflicts between public officials' individual private interests and their public duties have multiplied due to the contracting out of government functions such as defence. Temporary public service employees could in particular use information that is not available to the public concerning defence department policies to obtain contracts with future clients.
Topic:
Conflict Resolution, International Relations, Government, and Privatization

80. Privatization in Brcko District: Why It Is Different and Why It Works

Author:
Henry L. Clarke
Publication Date:
01-2004
Content Type:
Working Paper
Institution:
The Wilson Center
Abstract:
The Brcko District of Bosnia and Herzegovina is small, with less than 100,000 people. In 2001, about 30 public companies were selected for privatization. At the outset, there were good reasons to ask whether the District would have any success in privatizing them. Many of the public companies had been shut down for up to ten years, while the rest were operating at a small fraction of their pre-1991 output. There was not a single company that was profitable enough to be sold successfully on the basis of its performance, none had adequate working capital or marketing arrangements, many were deeply in debt, some had too many nonworking “employees” and the equipment of most companies that was not damaged during the war was worn out or obsolete.
Topic:
Debt, Government, Politics, and Privatization
Political Geography:
Europe, Bosnia, and Herzegovina