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Law and Regulation

Land records go digital in Punjab, Pakistan

Mary Lisbeth Gonzalez's picture

Pakistan land records

The Government of Punjab started computerization of rural Land Records with the overall objective to improve service delivery and to resolve the overall dispersed nature of land records. The transaction costs were very high for the poor during the old days of patwari system. Women were denied their land rights and the low mobility of land markets contributed to preserving the highly unequal distribution of land and, therefore, opportunities to improve people’s livelihoods.
 
Before the Land Records Management Information System (LRMIS) was set up, the Board of Revenue (BOR),​Government of Punjab, operated a land record maintenance system which involved several levels of administration: the district, Tehsil, Qanungo circle, and Patwar circle. At the lowest administrative level of the records system – the Patwar Circle – are the Patwaris, who were not only responsible for preparing community maps and issuing land records, but also for many social, political, and administrative tasks. Administrative tasks included keeping weather records, collecting crop harvest information, reporting crimes, and updating the voter registry. Imagine 8,000 Patwaris maintaining the land records – usually very small holdings -- of about 20 million land owners. The Patwaris, who were the custodians of these confidential and important records, kept this information in a cloth bag called Basta.
 
LRMIS has been performing really well. The Project was rolled out in all 36 districts of Punjab. The Project has successfully tested linkages between the land records system and the deeds registration system. The biggest achievement of the project is that the time required to complete transactions has been reduced from 2 months to 45 minutes. Land record services are now provided on an automated basis throughout all 150 Tehsil Service Centers. There are many contributing factors to the success of the Project:

Easy business exit is as important as easy business entry

Simon Bell's picture



How to identify and support fast-growing firms that can take off, create jobs, and yield significant value in a short period of time is one of our biggest dilemmas in nurturing private sector development in emerging markets. 
 
The Sustainable Development Goals (#8) include the need for decent jobs as an important developmental priority, and small and medium size enterprises (SMEs) are expected to create most jobs required to absorb the growing global workforce.
 
But many young firms will fail; by some accounts more than half of new firms won’t make it to their second birthday. 
 
However, despite the high rate of firm failure, research from the US and evidence from India, Morocco, Lebanon, Canada and Europe shows that it’s largely young firms that create the bulk of net new jobs (net jobs are jobs created minus jobs lost) and lasting employment opportunities.
 
In addition, even when a firm survives beyond the first two years of operation, there are no assurances it will become a fast-growing firm -- a gazelle. 
 
Although estimates vary widely, the share of gazelles -- fast-growing firms that generate a lot of value-added and jobs -- is thought to be only between 4% to 6% of all SMEs, and, possibly, even less in many emerging countries.
 
All this makes creating favorable conditions for entrepreneurship a priority. 
 
Easing business entry -- the time and cost involved in establishing a new enterprise -- is extremely important.  As the annual Doing Business report shows, many countries have made a lot of progress on this indicator over the past decade.  
 
But business exit is an equally critical piece of the puzzle.

Aviation deal: A step toward carbon neutrality

John Roome's picture
In five years from now, your trip across the ocean could look very different from today. While you will probably not notice it, the aircraft you board will boast green technologies from wing tips to landing gear. It will fly on the most direct and fuel-efficient route, use more biofuels, and the airline will purchase carbon credits to compensate for the carbon emissions generated by your trip. In fact, starting in 2021, countries are pledging that growth from the aviation sector will be carbon neutral, capped at 2020 emission levels.
 
Greenhouse gas emissions from the aviation sector currently represent 2% of worldwide emissions – making aviation the world’s seventh largest emitter - a number anticipated to rise exponentially in the coming decades as more and more people choose to fly to their destinations. Today, an aircraft with 300 passengers traveling from Paris to New York emits approximately 100 tons of carbon dioxide, or as much as emissions from 22 cars in a year. And because the emissions happen higher up in the atmosphere, the impact on global warming is greater than emissions on the ground.
 
Earlier this month, 191 countries belonging to the International Civil Aviation Organization (ICAO) adopted an agreement to stop future emissions from rising above 2020 levels. This is the latest measure by the industry aimed at curbing emissions, a step in the right direction given that air traffic is expected to double by 2030.

Get off my lawn! Pokemon Go tests global property laws

Lin Taylor's picture
The augmented reality mobile game "Pokemon Go"
by Nintendo is shown on a smartphone screen in
this photo illustration taken in Palm Springs,
California U.S. July 11, 2016.

Within one week in July the Sydney suburb of Rhodes was transformed from a quiet neighbourhood to what resident Joyce Wong described as a "place of carnage" with hundreds of people wandering around like "zombies".   

"The car hooting noise was incessant, on weekends you felt like you were under siege and the rubbish and litter all over the public areas was terrible," she told the Thomson Reuters Foundation by email from her home in the Australian city.

The reason for the constant disturbance? Pokemon Go, the latest craze in augmented reality.

The game took the world by storm this summer as animated creatures began appearing in the most unexpected places - all through the lens of a smartphone.

The global popularity of the game and other video games that put digital "characters" into real places – from private homes to shops, parks and even monuments and museums – has fuelled debate on land rights, the legal boundaries of private property, and what constitutes trespass.

Experts say the inter-section between virtual reality and property law is not clear, and nobody really knows what the rights of property owners are when digital characters or structures appear on their land.

"A lot of people are convinced that because they own their property, they ought to be able to control the virtual space," said Brian Wassom, a lawyer at Michigan's Warner Norcross & Judd LLP with expertise in augmented reality.

"I think they're going to come to the answer which I have come to, which is: no, you can't," he said in a phone interview.

He said land rights only apply when there has been something or someone physically present on the property.

However, this distinction is becoming blurred as more and more examples of the power the digital world can hold over specific geographical spots emerge.

All text messages are not created equal

Pierre Guislain's picture
Photo credit: Adam Fagen/Flickr
Eight months after the launch of the World Development Report 2016 on Digital Dividends, I am happy to report that our efforts to operationalize the findings are well under way. For digital technologies to benefit everyone everywhere, affordable access to broadband internet is key. This requires both robust broadband infrastructure, and the strengthening of analog complements to digital solutions, including a pro-competitive and effective regulatory framework, a sound business environment, good governance and digital skills.

One of our main areas of focus is the enabling environment – helping governments foster digital development by putting in place the right policies and regulations.

Now, what are some of the main issues?

First, across the world, but especially in developing countries, competitiveness continues to be dragged down by ‘red tape’, including numerous procedures, authorizations and delays to start a business or launch a service, costly and unreliable property registration, or stifling labor regulations. I am sure you are all familiar with the Doing Business report and the World Bank’s many programs to support business reforms worldwide.

While the digital industry also faces these regulatory hurdles, it is confronted with additional challenges.

Let me give you an example. With your phone in hand, you are about to send a text message to a friend. Your phone offers you a choice: to send the text message through your mobile operator, or to send it via the internet through an app. Depending on what platform you use, your text message will be taxed differently. All text messages are not created equal: different digital services are treated differently from a regulatory and fiscal point of view, with no real level playing field.

To reinvigorate Europe, we need more integration… of services

Doerte Doemeland's picture


To reinvigorate growth in Europe, European Central Bank President Mario Draghi called for more common projects in the European Union (EU). And he emphasized that these efforts need to meet a set of minimum bars: they should “…focus on those actions that deliver tangible and immediately recognisable results… [they] should complement the actions of governments; they should be clearly linked to people’s immediate concerns; they should unequivocally concern matters of European or global significance.”

We couldn’t agree more.

Court budgeting – ways to improve performance and do more with less

Georgia Harley's picture


The European Summer is over. We’ve traded our sunscreen for spreadsheets and it’s budget time. Across Europe, Ministries of Justice, Courts, and Judicial Councils are preparing their budget plans for the upcoming year. With fiscal constraint still the order of the day, staff in these offices are sharpening their scalpels, trying to figure out how to do more with less.

So in the spirit of sharing, here is a Top 10 list of how to improve court performance without spending more money.

Can the middle class really guarantee good governance?

Sina Odugbemi's picture
When social scientists and historians look back on the transformation in the quality of governance that took place in, first, Great Britain and, later, much of Europe in the course of the long 19th century, one explanatory factor often stands out: the rise of a large enough middle class.  What is large enough is, of course, a question of fact, and varies depending on the particular country context. This explanation is often contested, but it has stuck. People refer, for instance, to the revolts against monarchies that occurred across Europe around 1848 as the middle class revolutions. The sense that this explanation makes sense is so strong that when you attend seminars on improving governance in developing countries at some point or the other someone is bound to say: “Let’s be patient folks. Once these countries have a large enough middle class the pressure for improved governance will be unstoppable.”

I write about this now because I have just read an essay by Nancy Birdsall of the Center for Global Development that restates the view with some sophistication. Please see: “Middle –Class Heroes: The Best Guarantee of Good Governance.” The essay is worth reading in full. I am going to focus only on her core case. Key quote:
Having a large middle class is also critical for fostering good governance. Middle-class citizens want the stability and predictability that come from a political system that promotes fair competition, in which the very rich cannot rely on insider privileges to accumulate unearned wealth. Middle-class people are less vulnerable than the poor to pressure to pay into patronage networks and are more likely to support governments that protect private property and encourage private investment. When the middle class reaches a certain size – perhaps 30 percent of the population is enough – its members can start to identify with one another and to use their collective power to demand that the state spend their taxes to finance public services, security, and other critical public goods. Finally, members of a prospering middle class are unlikely to be drawn into the kinds of ethnic and religious rivalries that spur political instability. (Italics mine.)
 

Understand the differences, act on the commonalities in a globalized economy: How can Public-Private Dialogue be of help?

Steve Utterwulghe's picture



The Mongolian government’s economic advisors. Photo by Steve Utterwulghe


Misunderstanding, distrust, lack of genuine consultation. These are some of the words that I hear the most from various public and private stakeholders during my regular missions to developing countries.

From Bamako to Ulan Bator, where I am writing this post, the relentless echo of grievances points to the fact that the government doesn’t understand – or want to listen to – the private sector, and therefore doesn’t trust it. And likewise, the private sector sees public authorities as often incompetent, corrupt and an impediment to competitiveness and wealth creation.

While generalizing is a dubious exercise, the similarity and recurrence of complaints across the globe warrants deeper digging.

The issue of trust in policymaking is a complex field of study. The origin of mistrust of the private sector by the government in many developing countries is embedded in the socio-political culture and economic history of the state.
That being said, it is now rare to find a government that categorically denies the contribution of the private sector to the economic development of a nation. About 90 percent of the jobs are created by the private sector in the developing world, and about 50 percent of those are created by small and medium-sized enterprises (SMEs). Furthermore, as José Juan Ruiz from the Inter-American Development Bank (IDB) has written, “Policymakers realize that they need to access the deep knowledge held by the private sector in order to learn about market failure and formulate the right policies to address them.”

On the other hand, the private sector wants a stable and transparent regulatory environment in which to operate. It doesn’t want more regulations, but better regulations that will protect its investments. For that, it needs the government to listen and act in a way that will create an enabling business environment. Building trust is hard work.

Differences between public and private stakeholders certainly exist, but so do commonalities. It never takes long for parties to acknowledge that there is a clear common ground to strive for: sustainable economic development that should lead to inclusive growth. That, in turn, will spur job creation and revenue collection for the state. That’s an irrefutable win-win scenario.

Complexities of reputation management and policy making in a globalized world: Bangladesh after Rana Plaza

Sonia Jawaid Shaikh's picture

On April 24, 2013, a building called Rana Plaza in Dhaka came crashing down on thousands of workers, killing more than 1,100 and injuring more than 2,500 individuals. Unlike any other building collapse, this received widespread international attention - and continues to do so - because the building housed factories that sewed garments for many European and American clothing brands. As a result, a chunk of blame for the collapse and deaths was placed on retailers and brands that outsourced their work to Bangladesh, and particularly Rana Plaza.

Since the tragedy, these retailers and companies, both big and small, utilized several brand reputation management strategies. This, in turn, impacted the policies of the garment industry in Bangladesh. Primarily, two retailer blocs, The Accord and The Alliance, emerged which have created their own local and international dynamics.

The Accord is a legally binding agreement that has been signed by many European and North American companies and allows for factories to be vetted and shut down in case of non-compliance with safety standards. The Alliance, signed by North American groups such as Walmart and JC Penny, however, does not guarantee any such protections and allows companies to use their own rules with any legal requirements.

Interestingly, many companies who are either part of The Alliance or The Accord, choose not to publicise their participation in such agreements on their own websites. This allows them minimize any attention that could turn into criticism while still taking part in initiatives in case there ever is an inquiry from media, regulators, or other interested parties.


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