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Law and Regulation

Two cheers for the 2017 Governance and the Law World Development Report

Brian Levy's picture
The 2017 World Development Report is a landmark document for the development community. Historically, the point of departure for development practitioners (including those within the World Bank) has been to promulgate technocratic, ‘best practice’ solutions to development challenges. For more than two decades, this ‘best practice’ approach has been put into question by a growing avalanche of research on the political, institutional and governance underpinnings of development. The 2017 WDR does an heroic job of assembling and synthesizing this voluminous research into a compelling statement of why ‘best practices’ fail to address some core constraints, and thus do not achieve their intended results.
 

Some will doubtless critique the report for its  promiscuous use of jargon. But empathy is called for. The WDR team surely confronted some formidable internal political challenges. It needed to frame its argumentation in a way that spoke directly to economists, who remain intellectually hegemonic within the organization. As important, it needed a framing that was politically acceptable across the range of the extraordinarily diverse constituencies that make up the Executive Directors of the Bank – from the United States, to China, to Russia, to the Nordic countries as well as Latin American, African and other Asian and European constituencies. My sense  is that the document has met this challenge. So a first loud cheer to the WDR for successfully, and hopefully irreversibly, consolidating the centrality of politics and institutions in the development discourse.

Break it and see: norms of good governance and the wobbly protection of public opinion

Sina Odugbemi's picture

Events around the world (on this please see Freedom in the World 2017) are teaching us at least two astounding lessons. The first is that in liberal constitutional democracies good governance is far more dependent on norms, particularly constitutional conventions, than formal rules. This has serious implications. The second lesson is that when certain political actors choose to ignore the norms of good governance …and the details vary depending on the context…it is not at all clear that anything can stop them. Let’s take these two issues one by one.

Norms, conventions, formal rules

In his classic work, Introduction to the Study of the Law of the Constitution the great English jurist, A.V. Dicey, introduced a distinction between what he called constitutional laws and the conventions of the constitution. Constitutional law, he pointed out, consists of rules that the courts will enforce. But there are other constitutional rules:

The other set of rules consist of conventions, understandings, habits, or practices which, though they may regulate the conduct of other officials, are not in reality laws at all since they are not enforced by the Courts. This proportion of constitutional law may, for the sake of distinction, be termed the ‘conventions of the constitution’, or constitutional morality.

Toward next-generation performance budgeting

Donald Moynihan's picture
 Photo © Dominic Chavez/World Bank


Performance budgeting (PB) has a deep and enduring appeal. What government would not want to allocate resources in a way that fosters efficiency, effectiveness, transparency, and accountability? However, such aspirations have proven poor predictors of how performance data are actually used.

The potential benefits of identifying and tracking the goals of public spending are undeniable, but have often justified a default adoption of overly complex systems of questionable use. Faith in PB is sustained by a willingness to forget past negative experiences and assume that this time it will be different. Without a significant re-evaluation, PB’s history of disappointment seems likely also to be its future.

Three factors that have made Singapore a global logistics hub

Yin Yin Lam's picture
Then vs. now: the Port of Singapore circa 1900 (left) and today (right). Photos: KITLV/Peter Garnhum

When it gained independence in 1965, Singapore was a low-income country with limited natural resources that lacked basic infrastructure, investment and jobs.

A few decades later, the picture couldn’t be more different. Singapore has become one of Asia’s wealthiest nations, due in large part to its emergence as the highest-performing logistics hub in the region (see World Bank Logistics Performance Index).

The numbers speak for themselves. Today, the small city-state is home to the world’s largest transshipment container port, linked to over 600 ports worldwide. Singapore Changi airport is voted the best internationally, and is served by about 6,800 weekly flights to 330 cities. Finally, the island nation’s trade value amounts to 3.5 times its GDP.

Singapore’s achievements did not happen by chance. They result from a combination of forward-looking public policy and extensive private sector engagement. This experience could provide some lessons to any developing country seeking to improve its logistics network. Let us look at three key factors of success.

Getting a global initiative off the ground: What can transport learn from energy?

Nancy Vandycke's picture

In May last year, key stakeholders joined the World Bank Group in calling for global and more concerted action to address the climate impact of transport while ensuring mobility for everyone. More recently, the Secretary-General’s High-Level Advisory Group on Sustainable Transport noted, in its final recommendations to Ban Ki-Moon, emphasized the need for “coalitions or partnership networks” to “strengthen coherence” for scaling up sustainable transport, as well as establishing monitoring and evaluation frameworks. These issues have been raised at Habitat III, COP22 and at the Global Sustainable Transport Conference in Ashgabat.
 
As the global community readies itself to move from commitments to implementation, what can transport learn from similar initiatives in other sectors, such as Sustainable Energy for All (SE4All)?

How to manage revenues from extractives? There’s a book for that!

Rolando Ossowski's picture
 
Offshore oil and rig platform. Photo: © curraheeshutter / Shutterstock.


Countries with large nonrenewable resources can benefit significantly from them, but reliance on revenues from these sources poses major challenges for policy makers. If you are a senior ministry of finance official in a resource-rich country, what are the challenges that you would face and how can you strengthen the fiscal management of your country’s oil and mineral revenues? Consider some of the issues that you would likely encounter:

For many resource abundant countries, large and unpredictable fluctuations in fiscal revenues are a fact of life. Resource revenues are highly volatile and subject to uncertainty. Fiscal policies will need to be framed to support macroeconomic stability and sustainable growth, while sensibly managing fiscal risks. Also, there is a question of how to decouple public spending (which should be relatively stable) from the short-run volatility of resource prices.

In Russia, the effects of business regulations depend on differing implementation capacity

Alvaro Gonzalez's picture
 
Enforcing labor laws can impact firms' hiring decisions. Photo: Tomislav Georgiev / World Bank

"Writing laws is easy, but governing is difficult," wrote Leo Tolstoy in War and Peace. We agree.

Our recently finished study highlights how differences in the enforcement of a strict labor code across Russia’s numerous administrative regions has affected hiring and firing decisions. More specifically, we examine how the varying capacity to enforce the labor code affected labor adjustment by firms in response to industry-wide surges and slumps.

Addressing the challenge of non-standard employment

Janine Berg's picture

Janine Berg, guest blogger, is a Senior Economist at the International Labour Organization (ILO)
 

For many developing countries, the existing challenge of informality has been compounded by the challenge of non-standard employment. Photo: Maria Fleischmann / World Bank

Efforts to extend social security to workers in non-standard employment and to build a social protection floor are critical for reducing poverty and part of the challenge of addressing informal employment.

Lessons from Five Years of Helping Governments Foster Incentives Transparency

Harald Jedlicka's picture

Global competition to attract foreign and domestic direct investment is so high that nearly all countries offer incentives (such as tax holidays, customs duty exemptions and subsidized loans) to lure in investors. In the European Union, the 28 member states spent 93.5 billion euros on non-crisis State Aid to businesses in 2014. In the United States, local governments provided and average of US$80.4 billion in incentives each year from 2007 to 2012.

In order to better understand the prevalence of incentives worldwide, the Investment Climate team in the Trade & Competitiveness Global Practice of the World Bank Group reviewed the incentives policy of 137 countries. Results showed that all of the countries that were surveyed provide incentives, either as tax or customs-duty exemptions or in other forms. Table 1 (below) shows the rate at which these instruments are used across advanced and emerging economies. For instance, tax holidays are least common in OECD countries and are most prevalent in developing economies. In some regions they are the most-used incentive.[1]





However, despite offering incentives, few countries meet all the requirements of a fully transparent incentives policy. These include: mandating by law, and maintaining in practice, a database and inventory of incentives available to investors; listing in the inventory all aspects of key relevance to stakeholders (such as the specific incentive provided, the eligibility criteria, the awarding and administration process, the legal reference and the awarded amounts); making the inventory publicly available in a user-friendly format; requiring by law the publication of all formal references of incentives; and making the incentives easily accessible to stakeholders in practice. A T&C study now under way on incentives transparency in the Middle East and North Africa (MENA) region showed that none of the eight countries analyzed has a fully transparent incentives policy. (See Graph 1, below.)




Imagining infrastructure services in 2017

Laurence Carter's picture
Video: #IMAGINE a better future for all children | UNICEF


One of my favorite songs when I was growing up was John Lennon’s “Imagine.” A few months ago, UNICEF created a project around it to highlight the plight of millions of refugee children. As 2016 drew to a close, I couldn’t help but imagine a world with high-quality, affordable, sustainable, well-maintained infrastructure services for everyone.

I’m not sure a video of infrastructure projects set to “Imagine” would fire people up as much as the UNICEF video does. But there is value in reflecting on what we have accomplished in 2016, and what we might hope for and imagine in 2017, to bring this vision closer to reality for millions of people.


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