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71. Regulation, Conversation, and Impact of Shale Gas and Oil in a Low Price Environment

Author:
David Grossman
Publication Date:
11-2015
Content Type:
Policy Brief
Institution:
Aspen Institute
Abstract:
The 2015 Modern Shale Gas and Oil Production Forum, “Regulation, Conversation, and Impact of Shale Gas and Oil in a Low Price Environment,” convened about 60 invited energy leaders, including regulators from leading producing states and representatives from industry and the environmental community. The discussions covered a broad range of environmental and community effects related to shale gas and oil production, including water use and availability, surface and groundwater contamination, air emissions, land use impacts, induced seismicity, and local nuisance issues. The Forum also benefited this year from a meeting of state regulators that took place in the days immediately preceding the Forum. The focus of this meeting was to discuss the concept of a regulatory consultation and assessment process to promote continual regulatory improvement – an idea initially discussed during the 2014 Modern Shale Gas and Oil Production Forum.
Topic:
Energy Policy, Environment, Oil, Global Markets, Gas, and Regulation
Political Geography:
Global Markets

72. Strengthening a Free and Open Internet in a Changing and Complex World

Author:
Elise Hu
Publication Date:
07-2015
Content Type:
Working Paper
Institution:
Aspen Institute
Abstract:
Strengthening a Free and Open Internet in a Changing and Complex World, the report of the 2014 Forum on Communications and Society, addresses critical issues related to openness on the Net. Highlights include details about the net neutrality debate, and a series of principles developed by participants that policy-makers can use when considering Internet regulatory decisions.
Topic:
Civil Society, Science and Technology, Communications, Governance, and Regulation

73. The End of the Beginning: Paris COP 2015

Author:
David Runnalls
Publication Date:
11-2015
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
The Paris Conference of the Parties (COP) 2015 is designed to produce the next round of climate change action. There are reasons to believe that the chances for success at the multilateral level are better now that they were before, but even under the most optimistic scenarios, Paris will not be the end of the negotiations. The Paris summit will be crucial to maintaining the momentum that has been building in the private sector and civil society on the issue of climate change. COP 21 has generated an enormous amount of public interest. Civil society actions both before and during the Paris meeting promise to be on a grand scale. In addition, COP21 has excited action from a number of other levels of government not normally seen at these events. Leaders of the IMF, the World Bank and the OECD have all stated that climate change is the principal economic issue facing the world this century. There is a growing realization among the world's economic decision makers that the shift to a low-carbon economy is not only a necessity, but also may be less costly than we believe. The need to identify both public and private financing solutions is the greatest hurdle facing the Paris COP. CIGI's climate change research is tackling the issue of financing sustainable development, in addition to how agreements can be reached by smaller countries, how to address the problems of the delayed benefits from mitigation, ways that China can exercise leadership in this arena, and how the world's financial institutions can help mobilize climate finance from the private sector.
Topic:
Civil Society, Climate Change, Energy Policy, Environment, International Monetary Fund, World Bank, Regulation, Financial Markets, and Climate Finance
Political Geography:
Global Focus

74. Constructing Quality: Producer Power, Market Organization, and the Politics of High Value-Added Markets.

Author:
Elizabeth Carter
Publication Date:
12-2015
Content Type:
Working Paper
Institution:
Max Planck Institute for the Study of Societies
Abstract:
Economists assume increased producer flexibility creates production advantages. So why do inefficient French quality wine producers dominate their flexible, efficient Italian counterparts? French AOC wine producers created “corporatist” producer organizations which served three purposes: encouraged increased product quality information across the supply chain; allowed for the emergence of a unique production style; and enabled producers to define their production methods as “quality” via state regulation. Italian DOC wine producers have fragmented political structures at both the regional and national levels, causing producers to rely more on the price mechanism and less on political structures to coordinate supply chain transactions. Market asymmetries persist across the supply chain, making it difficult for producers to guarantee quality and adversely shaping their potential production and brand strategies. Solving supply chain problems through representative political institutions yields superior economic outcomes than uncoordinated market transactions because the former corrects market power asymmetries.
Topic:
Economics, International Trade and Finance, Markets, Politics, and Regulation
Political Geography:
France, Italy, and Global Focus

75. Accountability for Armed Contractors

Author:
Ian M. Ralby
Publication Date:
01-2015
Content Type:
Journal Article
Journal:
Fletcher Security Review
Institution:
The Fletcher School, Tufts University
Abstract:
On 16 September 2007, the accountability of private armed contractors became a global concern. A team of armed guards from the US company Blackwater Worldwide, operating on a US State Department contract, opened fire that day in Baghdad’s Nisor Square, killing seventeen Iraqi civilians and injuring an additional twenty. It took more than seven years before four of the individuals responsible were ultimately convicted of either first degree murder or voluntary manslaughter by a jury in a U.S. Federal District Court. A fifth member of the Blackwater team had previously pleaded guilty to manslaughter.[1] The initial lack of consequences and the slow speed of justice provided the watchful world with strong evidence that armed contractors operate in a zone of legal twilight, devoid of accountability. ​ The rise of private armed contracting was one of the most distinctive operational developments of the wars in Iraq and Afghanistan. Erik Prince, founder of Blackwater, famously stated: “Our corporate goal is to do for the national security apparatus what FedEx did to the postal service.”[2] Throughout both conflicts, the hiring policies of several Western governments, particularly those of the United States, helped Blackwater and numerous other companies move toward that goal. By December 2008, for example, 69% of the United States’ total force in Afghanistan was comprised of private contractors, roughly 15% of which were armed.[3] While there are no reliable statistics on the size of the global private armed security industry, there is little doubt that it has grown and contracted with the surge and decline of Western engagement in armed conflict. New conflicts on the horizon, however, suggest the possibility of a resurgence of the industry, reigniting concerns about accountability. The proliferation of private armed security companies has coincided with a proliferation of initiatives aimed at developing accountability for the industry. Numerous codes, standards, mechanisms and proposals – developed by governments, international organizations, civil society groups, private companies, trade associations, individuals, academics and multi-stakeholder bodies – have sought to address different issues surrounding armed contractors. Most of them, however, have been developed in response to incidents that already occurred. This reactive approach to accountability, while useful for addressing past problems, may leave the industry exposed to future problems. In other words, a code, standard or mechanism set up to prevent another Nisor Square incident may be very effective in doing so, but may fail to prevent a different and even more worrying incident in the future. This article begins with a brief overview of the most credible accountability initiatives, suggesting that the resulting collection forms a patchwork, rather than a framework for governing the conduct of armed contractors. The analysis then focuses on the process of selecting contractors, with a particular emphasis on the US Government. While cost has been a key factor in determining selection, the various initiatives discussed have made it possible for accountability and quality to be added as essential metrics. Ultimately, however, the failure of the accountability initiatives to remain current, much less forward-looking, means that the objective determinants of ‘accountability and quality’ may not be fit for purpose as the US and other Western powers begin to engage the services of armed contractors for assistance in new conflicts...
Topic:
Security, War, Governance, Military Affairs, Regulation, and Accountability
Political Geography:
Afghanistan, Iraq, Middle East, and United States of America

76. The Hybrid Legal-Scientific Dynamic of Transnational Scientific Institutions

Author:
Oren Perez
Publication Date:
04-2015
Content Type:
Journal Article
Abstract:
The objective of the present article is to develop a better understanding of the institutional dynamic of transnational regulatory scientific institutions (RSIs). RSIs play a significant role in the transnational regulatory process by mediating between the scientific community and policy-making bodies. I argue that RSIs have a hybrid structure involving both political-legal and epistemic authority. The hybrid structure of RSIs – their capacity to exert both normative and epistemic authority – constitutes an innovative response to the demand of modern society for scientific certainty and to the scarcity of normative power in the international domain. This hybrid nature has a triple structure involving three complementary pairs: law~science, law~non-law and science~pseudoscience. I examine the way in which RSIs cope with the challenge of maintaining their epistemic and legal authority against the tensions generated by their hybrid structure. The discussion of hybrid authority is related to the problem of scientific uncertainty. I examine this theoretical argument drawing on an in-depth analysis of three RSIs that reflect the institutional diversity of the RSI network: the Intergovernmental Panel on Climate Change, the International Commission on Non-Ionizing Radiation Protection and the European Committee of Homeopaths. I conclude with a discussion of some of the policy issues associated with the institutional design of RSIs. The policy discussion refers, first, to the risk posed by RSIs’ hybrid structure to their internal stability and, second, to some potential adverse social impacts that need to be considered alongside RSIs’ projected benefits.
Topic:
International Law, Science and Technology, Law, and Regulation
Political Geography:
Europe and Italy

77. Internet Freedom and Human Rights

Author:
Daniel Joyce
Publication Date:
04-2015
Content Type:
Journal Article
Abstract:
This article considers whether the Internet has become so significant, for the provision of, and access to, information and in the formation of political community and associated questions of participation, that it requires further human rights protection beyond freedom of expression. In short, should Internet freedom be configured as a human right? The article begins by considering the ubiquity of the Internet and its significance. A wider historical view is then taken to understand Internet freedom in terms of its lineage and development from earlier debates over freedom of expression and the right to communicate, through to the recognition of the significance of an information society and the need for Internet regulation on the international plane. The current debate over Internet freedom is then analysed with particular focus given to Hillary Clinton’s speech on Internet freedom and its subsequent articulation by Special Rapporteur Frank La Rue. The concluding part introduces the critical work of Evgeny Morozov and Jaron Lanier to an international law audience in order to deepen the debate over Internet freedom and to point to the concept’s limitations and dangers. It is too early to say whether a ‘right to Internet freedom’ has achieved universal recognition, but this article makes the case that it is worth taking seriously and that Internet freedom may need its own category of protection beyond freedom of expression.
Topic:
Human Rights, International Law, History, Regulation, Internet, and Freedom of Expression
Political Geography:
Europe, Global Focus, and United States of America

78. 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

79. Regulation with Chinese Characteristics: Deciphering Banking Regulation in China

Author:
Orhan H Yazar
Publication Date:
06-2015
Content Type:
Journal Article
Institution:
German Institute of Global and Area Studies
Abstract:
The regulatory agency responsible for prudential super- vision of the banks in China, the China Banking Regulatory Commis- sion (CBRC), is not an independent authority. The agency’s regula- tory actions are constrained by the central government, which has to balance the prudential and non-prudential consequences of bank regulation for its political survival. The conditions and limits of the government’s influence on the CBRC is analysed through an investi- gation of three regulatory cases. The conclusion is that the CBRC’s regulatory actions are determined by the relative importance of pru- dential outcomes for the government’s policy objectives.
Topic:
Regulation, Finance, Chinese Communist Party (CCP), and Banking
Political Geography:
China and Asia

80. A Decade of AKP Power in Turkey: Towards a Reconfiguration of Modes of Government? (Une décennie de pouvoir AKP en Turquie : vers une reconfiguration des modes de gouvernement ?)

Author:
Elise Massicard
Publication Date:
07-2014
Content Type:
Special Report
Institution:
Centre d'Etudes et de Recherches Internationales
Abstract:
The Justice and Development Party (JDP) has been in power in Turkey since 2002, consolidating its electoral support among an array of social groups ranging from broad appeal among the popular classes to business leaders and a growing middle class. The success of the JDP is a consequence of the manner in which the party inserted itself into certain economic and social sectors. While the party has internalized the principles of reducing the public sphere and outsourcing to the private sector, it has not restricted the reach of government intervention. On the contrary, it has become increasingly involved in certain sectors, including social policy and housing. It has managed this through an indirect approach that relies on intermediaries and private allies such as the businesses and associations that is has encouraged. In this way, the JDP has developed and systematized modes of redistribution that involve the participation of conservative businessmen who benefit from their proximity to the decision-makers, charitable organizations, and underprivileged social groups. These public policies have reconfigured different social sectors in a way that has strengthened the Party’s influence.
Topic:
Civil Society, Sociology, Governance, Regulation, Political Science, and Networks
Political Geography:
Europe, Turkey, Middle East, Asia, and Balkans