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Law and Regulation

The impact of investment climate reform in Africa: How has 'Doing Business' reform promoted broader competitiveness?

Aref Adamali's picture

Sub-Saharan Africa’s (SSA) impressive growth over the past decade or so has been matched by its equally impressive showing on the World Bank Group's "Doing Business" index. In 2012, one-third of the world’s top reformers on the index were from the continent, and every year its countries feature in the top 10 most active reformers. In 2014, five of the top 10 were from SSA.

Doing Business tracks progress in reforms that support a firm through its life-cycle, from start-up, through to raising capital, to potential closure. Through a mix of wide geographic coverage and rankings that generate a lot of public attention (not all of it wholly positive), the report has been a powerful motivator of investment climate reform, with the data serving as a useful means to measure progress made.
 
Doing Business as a start
While a large appeal of Doing Business as a measure of a country’s business environment is that it focuses on tangible business activities to which the private sector and policymakers can directly relate, its indicators are limited in scope. They are therefore intended to be used mainly as a litmus test of the state of a country’s investment climate. Therefore, while Doing Business's accessibility and global profile can be very useful in generating momentum for private sector reform, it ought to mainly serve as a starting point for a country to then engage in both broader reaching and deeper investment climate change. (This approach to the use of Doing Business has largely underpinned investment climate reform efforts in SSA by the Bank Group’s Trade and Competitiveness Global Practice.)  
 
So, if Doing Business is a starting point and is used as such, is there evidence to support the assumption that it triggers wider and deeper private sector reform? Or is movement on Doing Businesses a starting point and, unintentionally, an ending point too?
 
Linkages to wider competitiveness reform data
One of the most comprehensive measures of the state of different countries’ business environments is the World Economic Forum’s (WEF) Global Competitiveness Index (GCI), a data set of over 110 variables that looks at the current state of, and tracks changes in, competitiveness across the world. The data set is structured under 12 pillars that cover measures from institutional development to technology and innovation.

Using GCI as a good measure of competitiveness, and interpreting changes in it as a reflection of a country’s effectiveness in engaging in wider competitiveness reform, we can look at the relationship between GCI and Doing Business and, significantly, the extent of movement on the two indices.
 
A high-level review of the relationship between changes in GCI and Doing Business for different regions between 2007 and 2013 shows SSA to have performed comparatively well on both indices, performing similarly to countries of Eastern and Central Europe and surpassing the world average.[1] However, looking beyond averages to GCI’s specific pillars, SSA’s performance has been variable, advancing as a region in some areas more than others. Figure 1, below, shows GCI pillars where SSA has improved the most and the least, highlighting the top and bottom three.

Figure 1: Variations within competitiveness
(SSA score on GCI, total and select pillars)  




Of particular interest is Pillar 6, Goods Market Efficiency, because many of the areas that this pillar tracks are also areas where the Bank Group has focused its investment climate reform interventions, from business entry and competition, to taxes, trade and investment. (Two of the 16 indicators in this pillar actually comprise Doing Business data – the number of procedures and days required to start a business.)
 
Pillar 6 is one of the top three GCI pillars that have the greatest upward pull on SSA’s overall performance on GCI, countering the areas where SSA has slipped in its scores.

Olympic opportunity: Renew the ideal of the global Games – by restoring the Olympics to their historic home

Christopher Colford's picture

Wasting billions of dollars, time and time again, to stage self-indulgent sports spectacles is no way for any society to build shared prosperity for the long term. But just try explaining that common-sense economic logic to the sports-crazed cities that keep lining up to purchase a moment of fleeting fame – and that end up squandering vast sums, by building use-once-throw-away “white elephants” for one-off events like the Olympic Games or the World Cup soccer tournament.

The sports-industrial complex continues to beguile the gullible and the grandiose, even though scholars have long warned of the futility of sports-event-driven spending. Beijing spent about $40 billion to host the 2008 Summer Games, and Sochi spent upwards of $50 billion to stage the 2014 Winter Games – while Brazil spent $20 billion to host (and heartbreakingly lose) the final rounds of 2014 World Cup soccer. Not to be outdone for extravagance and excess, Qatar reportedly plans to spend as much as $200 billion for the 2022 festivities.

Like the deluded leaders of declining Rome – who distracted their once-industrious city into passivity by pacifying the populace with what the poet Juvenal derided as panem et circenses: "bread and circuses" – modern-day civic leaders are allowing their obsession with media-moment athletic fame to trample economic logic. The scale of their civic hubris – and the malign self-interest of the construction firms, financiers, flacks and fixers who goad credulous Olympic-wannabe cities into wanton overspending – is insightfully dissected in a valuable new book, “Circus Maximus: The Economic Gamble Behind Hosting the Olympics and the World Cup,” by Andrew Zimbalist, a professor of economics at Smith College.

In recent remarks at the World Bank, Zimbalist deplored the reckless rush that stampedes many cities into bleeding their civic coffers in the quest for Olympic notoriety. The saddest example may be the city of Montreal, whose debt from the 1976 Summer Games burdened the sorry city for 30 years.

Yet the suckers keep taking the bait. Boston, said Zimbalist, recently put forth an extravagant multibillion-dollar bid for the 2024 Summer Games – and only later, after the initial headlines and hoopla had abated, did more complete statistics reveal the likely scale of Boston’s folly. And, of course, the Olympic organizers would again stick the long-suffering taxpayers with the bill for any revenue shortfall.

Zimbalist’s logic is a wake-up call for those who somehow imagine that “this time is different” – that one-shot wonders might somehow produce long-term economic benefits. Some occasional exceptions suggest how very rare it is that optimists are rewarded: London, for example, may have gained a much-needed morale boost after its successful 2012 Summer Games, and two (but only two) Olympic festivals actually turned a profit – both of them in Los Angeles, which shrewdly re-used some of its 1936 Olympic facilities when it again played host to the Summer Games in 1984. But for most cities – Montreal in 1976, Sarajevo in 1984Athens in 2004 and many more – the money spent on soon-to-crumble stadia, ski jumps and swimming pools was a diversion from urgent human needs and productive investment.

Zimbalist makes a compelling case – yet beyond the diagnosis of the malady, one seeks a prescription to cure it. Can such Olympic megalomania be tamed? Are there other ways to build, and pay for, worthy sports facilities that honor the spirit of the Olympic Games while avoiding the overspending that bleeds their hosts dry?

A potential solution arose amid Zimbalist’s recent World Bank discussion. Rather than build one-shot Olympic facilities that are destined to be discarded as soon as each extravaganza is finished, why not build just one enduring set of permanent Olympic facilities that can be refurbished and re-used, year after year? Build it right, and build it only once: That way, the cost of building and maintaining an Olympic complex could be spread over generations.

Pursuing that solution seems especially timely right now, and here's why. Where is the historically logical place to locate such a permanent Olympic site? Why, in Greece, of course, where the Olympics originated in 776 B.C. and continued until 393 A.D. There could be no more authentic place to have today’s marathoners run than in Marathon itself – no more meaningful place to have skiers schuss than on Mount Olympus, or to have boaters ply the very waters that warmed Odysseus’ odyssey.

What’s proactive governance?

Ravi Kumar's picture
See the inforgraphic in high resolution here. Designed by Boris Balabanov, World Bank

Let’s say on a dark, cold day, electricity supply to your house is suddenly interrupted. With no heat and light, you furiously walk to the nearby government energy administration office to file a complaint.
 
As you file your complaint, an official also asks for your mobile number and tells you that within the next 24 hours, you will receive help. A day later, you get a text message or robocall asking you whether you have been helped and how the service was.  
 
This process—when government proactively seeks feedback directly from citizens about the quality of its services and makes it mandatory for service providers to use smartphones and creates dashboards for citizens to view real-time information on service delivery—is called proactive governance.
 
Proactive governance was first introduced in 2011 in Punjab, the most populous province of Pakistan.

Halting the 'race to the bottom’ in corporate conduct: Governance reform, focus on ethics must repair the damage

Christopher Colford's picture

When terms like “criminal conspiracy” and “felony” appear in confessions and plea bargains, the criminal-justice system sits up and takes notice. And when the confessed felons are some of the world’s largest corporations, the private sector ought to be jolted into action, too.

The continuing shame of confessed corporate misconduct – in this case, lawbreaking conducted with such a degree of guile that the U.S. Attorney General called it “breathtaking flagrancy” and that the FBI labeled it criminality “on a massive scale” – reached a new intensity this month: Four of the world’s largest banks confessed to taking part in a five-year-long conspiracy to manipulate the world’s foreign-exchange markets.

This latest in a series of stern legal judgments has damaged the corporate reputations of some of the world’s most pivotal financial institutions – with guilty pleas, to felony charges no less, entered by Citicorp, JPMorgan Chase & Co., Barclays PLC and The Royal Bank of Scotland PLC. A separate guilty plea by UBS – along with earlier fines against Bank of America and HSBC in separate settlements in related cases – has brought the total of fines against those once-trusted, now-tarnished firms to about $6 billion.

The corporate confessions of deliberate lawbreaking, pursued with systematic and sinister stealth – at the very center of the international financial system – vividly validate the recent exhortation of Christine Lagarde of the International Monetary Fund: that corporate governance must be strengthened and that a higher standard of individual ethics must prevail, especially in the financial sector.

Lagarde wisely linked skewed incentives and a short-term profit-maximization mindset to the risk of financial instability, in an eloquent recent address to the Institute for New Economic Thinking’s conference on “Finance and Society”: “There is still work to be done to address distorted incentives in the financial system. Indeed, actions that precipitated the [global financial] crisis were – mostly – not so much fraudulent as driven by short-term profit motivation. This suggests to me that we need to build a financial system that is both more ethical and oriented more to the needs of the real economy – a financial system that serves society, and not the other way round.”

Those who champion the creative potential of the private sector (including, I imagine, the regular readers of this blog) have a particular reason – one might even say, a special responsibility – to voice their anger about the foreign-exchange-rigging scandal and other acts of lawlessness.

Idealists who esteem the private sector’s ingenuity in delivering growth and jobs sans frontières know that business' creativity will be indispensable in achieving the vital development goals of eliminating extreme poverty and promoting shared prosperity. Society thus rightly expects that the full measure of corporate energies should be focused on companies’ central mission of generating wealth that benefits all of society. Whenever any of those energies are diverted – especially toward criminal schemes that put short-term personal plunder ahead of long-term economic growth – the lawbreakers undermine public confidence (or what little remains of it, in the wake of the global financial crisis) in the fairness of the economic system.

Moreover, lawbreakers provide ammunition to critics who allege that today’s economic system is irredeemably corrupt, through-and-through – thus making it even more difficult for law-abiding companies, holding true to the values of honest business behavior, to make the case for policies that liberate private-sector dynamism.

Closing thoughts on the "Harnessing Digital Trade for Competitiveness and Development" conference

Rosanna Chan's picture

Fiber optic light bokeh. Source - x_tineDigital entrepreneurs have the potential to connect to global markets like never before. Whether selling physical goods on internet platforms, or providing digital goods and services that can be downloaded and streamed, an entirely new ecosystem of innovative micro and small businesses has emerged in the developing world.
 
The World Bank Group hosted some of the pioneers in this space for a full-day conference on Harnessing Digital Trade for Competitiveness and Development on May 19. Here, we heard entrepreneurial success stories—an online platform for jewelry in Kenya, a provider of software solutions in Nepal, an online platform for livestock trade in Serbia—and dove into the constraints and challenges of running a digital business in an emerging economy.
 
The scope of these challenges made these success stories, and the broader potential they represent, even more inspiring. From internet connectivity to logistics, from financial payments to trade regulations, from bankruptcy laws to entrepreneurial and consumer digital literacy-- clearly, more needs to be done to fully harness the potential of digital trade for competitiveness and development and to foster an enabling environment to digital trade.

Justice in Kenya: measuring what counts

Nicholas Menzies's picture
Chief Justice Willy Mutunga and Chief Registrar of the Judiciary Anne Amadi sign the Understandings after the launch of the Performance Management and Measurement report in Nairobi, Kenya.


“You cannot solve a problem you haven’t fully understood.” – Chief Justice Mutunga, April 15, 2015
 
It’s difficult to know whether you’re succeeding in any institution – public or private – if you don’t set targets and collect data to measure progress against them. Courts are no different.
 
The Kenyan Judiciary has been making great strides in performance management. A ceremony at the Supreme Court in Nairobi last month was the latest step. Chief Justice Willy Mutunga signed “Performance Measurement and Monitoring Understandings” with the heads of Kenya’s courts.

These commit each court to targets such as hearing a case within 360 days, delivering judgments within 60 days of the end of a trial, and delivering a minimum number of 20 rulings a month. 

Wanted! Your proposals on Regional Integration in South Asia

Sanjay Kathuria's picture
Wanted! Your proposals on Regional Integration in South Asia



Home to Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan, and Sri Lanka, South Asia is one of the fastest growing regions in the world and yet one of the least integrated. Intra-regional trade accounts for only 5% of South Asia’s GDP, compared to 25% of East Asia’s. Meanwhile, with a population of 1.6 billion, South Asia hosts one of the largest untapped talent pools.

To encourage young researchers in the region who aspire to use their research to inform policy making, the World Bank Group calls for research proposals on South Asia regional integration. Proposals will be carefully reviewed and the most suitable proposals (no more than five overall) will be awarded with a grant based on criteria listed below. An experienced researcher from the World Bank’s research department or an external academic will mentor and guide the young researcher in the implementation of the research.[1]
 

Will South Asia make the most of cheap oil?

Markus Kitzmuller's picture

The world economy today presents itself as a diverse canvas full of challenges and opportunities. Advanced economies continue to struggle towards recovery, with the US on its way to tighten monetary policy as the economy picks up while a still weak Eurozone awaits quantitative easing to kick in. At the same time, plunging oil prices have set in motion significant real income shifts from exporters to importers of oil. Astonishingly, amidst all this turmoil, South Asia has emerged as the fastest growing region in the world over the second half of 2014. Led by a strong India, South Asia is set to further accelerate from 7 percent real growth in 2015 to 7.6 percent by 2017, leaving behind a slowing East Asia gradually landed in second spot by China.



While bolstered by record low inflation and strong external positions across the region, the biggest question yet to be addressed by policy makers in South Asia will be how to make the most of cheap oil.
All countries are net oil importers as well as large providers of fuel and related food subsidies, therefore bound to benefit from low oil prices. However, the biggest oil price dividend to be cashed in by South Asia is one yet to be earned, and not one that will automatically transit through government or consumer accounts. The current constellation of macroeconomic tailwinds provides a unique opportunity for policy makers to rationalize energy prices and to improve fiscal policy. Decoupling external oil prices from fiscal deficits may decrease vulnerability to future oil price hikes – something that may very well happen in the medium term. Furthermore, cheap oil offers a great opportunity to introduce carbon taxation and address the negative externalities from the use of fossil fuels.

The World Bank’s latest South Asia Economic Focus (April 2015) titled “Making the most of cheap oil” provides deeper insights regarding South Asia’s diverse policy challenges and opportunities stemming from cheap oil.
A first major realization is that the pass through from oil prices to domestic South Asian economies is as diverse as the countries themselves, thanks to a variety of different policy environments across countries and oil products. This is also reflected in recent dynamics, seeing India taking determined action towards rationalizing fuel and energy prices, even introducing a de facto carbon tax and beginning to reap fiscal and environmental benefits. Other countries have so far shown less or no enthusiasm towards reform, in spite of significant and/or increasing oil dependency (particularly in electricity generation, one of the region’s weak spots). 

What’s in a name? How new reforms are easing entry into Ethiopia’s formal sector

Mamo Mihretu's picture

Registering a trade name is a big piece of the puzzle when doing business in Ethiopia. Source - MaziramaIn Ethiopia, registering a trade name-- a precondition for a business startup-- had long been one of the most cumbersome procedures of starting a new business. One had to make frequent visits to the Ministry of Trade with a number of potential trade names, which in most cases were routinely rejected for no clear reason. In one documented instance, an applicant had to submit eighty different names before he was issued a legally registered trade name. The inordinate amount of time that one would spend in the process had created a huge public outcry.
 
Thankfully, things have changed. The Ministry of Trade, with support from the World Bank Group’s Investment Climate Program, has issued a new, simplified, and modern Trade Name Registration Law.

How long is too long? When justice delayed is justice denied

Georgia Harley's picture
As the saying goes, ‘justice delayed is justice denied.’ Yet, across the world, court users complain that the courts take too long. For your regular court user facing endless talk from lawyers, reams of paper, and mounting legal bills, a court case can feel like it goes on…FOR….EV….ER.
 
But how long is too long? The question has arisen on each of my last four missions in as many months – from Kenya to Croatia to Serbia and back.
 
And it’s not a rhetorical question. Answers can assist client countries in analyzing their efficiency and devising reforms that improve both timeliness and user satisfaction. It also enables potential court users to better estimate how long it might take to resolve their dispute – allowing them to then adjust their expectations accordingly.
 
After all, better enabling people and businesses to resolve their disputes contributes to poverty reduction and shared prosperity.
 

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