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Law and Regulation

Beauty and the beast: Comparing the law on the books with the law in practice

Klaus Decker's picture
 

Who has not faced a situation wherein the law on the books in a particular country looks just beautiful but things seem to be going horribly wrong in practice?

Whatever the gap between the law on the books and the law in practice, how does one even go about assessing it in the first place before starting to bridge it? What is feasible, given the budgets that we are likely to work with when carrying out these diagnostics?

Process maps may be just what you are looking for. As part of a Judicial Functional Review in Serbia, our team was tasked with assessing the implementation gap between the provisions in the codes and the practice in the courts. Time was limited and resources scarce.

So what did we do?

Vulnerable yet invaluable: Protecting our patrimony by safeguarding art, artifacts, archaeology and assets

Christopher Colford's picture

The spectacular recovery of a long-missing painting by Pablo Picasso – a canvas that had been stolen more than a decade ago, in a daring museum theft in Paris – offers a vivid reminder of the illicit worldwide trade in stolen assets, artworks and archeological artifacts. Preventing the cross-border smuggling of stolen money, art and natural treasures poses a stern challenge to law-enforcement authorities. Yet the vigilance of the international network of corruption-hunters and asset-trackers can often result in a triumph, as illustrated by the case of the now-recovered Picasso.

The art world hailed last week’s revelation that “La Coiffeuse,” painted by Picasso in 1911, had been intercepted in December by U.S. Customs and Border Protection officials. The painting was identified during its shipment to a climate-controlled warehouse in Long Island City, New York, and it was then seized while it was in transit at Port Newark, New Jersey. The work – unseen since its 2001 theft from the Centre Georges Pompidou in Paris – had been shipped on December 17 from Belgium to the United States in an innocent-looking FedEx container, adorned with a holiday-season tag marked, “Joyeux Noel.” Its shipping registration papers falsely described it as an “art craft/toy” valued at $37. The legal process that began last week in New York should soon have the canvas on its way back to France, where it is owned by the nation.

The Picasso had been assigned an estimated value of about 2 million euros at the time of its theft in 2001 – suggesting how lucrative the underground market for stolen art may be. Despite any such theoretical valuation, however, such cultural riches are truly beyond price: They belong to humanity’s shared patrimony, and thus their theft is an immeasurable crime against history.



"La Coiffeuse" by Pablo Picasso. Photograph via the U.S. Department of Justice.

The sudden recovery of the Picasso has reminded art-watchers – and law-enforcement officials – that the 25th anniversary of a still-baffling crime is fast approaching: the March 18, 1990 theft of $500 million in artworks from the Isabella Stewart Gardner Museum in Boston. That theft deprived the world of, among other masterpieces, Rembrandt’s “Christ in the Storm on the Sea of Galilee,” painted in 1633. Despite occasional rumors that some of the stolen works might be available somewhere on the global black market, that crime remains unsolved – and the criminals, part of the vast international network of art thieves and smugglers, remain at large.

Police agencies and global asset-trackers certainly face a herculean task. International plunder takes many forms – from the “grand-scale corruption” that infects fraudulent banking transactions to the looting of countries’ wealth by dictators and kleptocrats. Cracking down on the illicit flows of funds worldwide – which are sometimes abetted by corruptible accountants and pliant lawyers, who help steer loot to safe havens and stash money in offshore tax-dodging accounts – requires persistent detective work and meticulous forensic accounting. In the case of stolen art treasures, the art world must appeal to the conscience of connoisseurs and dealers – and must rely on the integrity of curators at museums large and small, who surely know better than to traffic in property whose provenance might be even slightly suspicious.

Units like the Stolen Assets Recovery (StAR) Initiative – a joint effort by the World Bank and the United Nations Office of Drugs and Crime – patiently promote cooperation among transnational, national and local law-enforcement bodies. That task requires a commitment for the long haul, as they steadily pursue capacity-building among governments and private-sector watchdog agencies that are determined to build their anticorruption capabilities. Closer legal, technical and financial coordination sans frontières is an indispensable tool in hunting down and repatriating looted lucre.

As in the case of the now-recovered Picasso, the effort to protect priceless artworks sometimes ends in a law-enforcement success. In a just-opened art exhibition in Washington, art-watchers can now get an up-close look at an inspiring example of how a strong national commitment to fighting crime – backed by methodical investigative work and tenacious legal processes – can achieve enduring results.

The Embassy of Italy last week opened an exhibition of irreplaceable artworks that might have forever vanished onto the international black market, had it not been for the work of one of the country's specialized military units: the Guardia di Finanza, which since 1916 has protected Italy from smuggling, drug trafficking and financial crimes. Its specialized art-investigations team, the Gruppo Tutela Patrimonio Archeologico, has successfully prevented the theft of many works of art, some of which can now be seen (by appointment) at the Embassy on Whitehaven Street. Treasures such as these are integral to Italy’s culture and the West's heritage.

In opening the exhibition, Ambassador Claudio Bisogniero noted that “the trafficking of archaeological works is a growing phenomenon that in recent years has spiraled upwards at an alarming rate” – with Italy ranking “first among the countries [that are] victims of this crime. . . . These treasures belong to Italy. But they also belong to European identity and, by extension, to all mankind.”

With the Picasso canvas soon headed back to Paris, and with the recovered art and archaeological treasures now being celebrated at the Embassy, arts-watchers can breathe easier, knowing that these masterworks are secure. But protecting the global patrimony requires the constant vigilance of corruption-hunters and asset-trackers – like the Guardia di Finanza, the StAR unit and their law-enforcement allies worldwide – who stand guard against the plunder of the vulnerable yet invaluable assets that comprise the common heritage of humanity.


Development from the ground up? Mining community development agreements in Sierra Leone

Jared Schott's picture



Relationships with affected communities can make or break mining activities. From a business perspective, local disputes can lead to more than US$20 million per week in losses for large-scale mines. To say nothing of the broader costs – in terms of lives lost and development stymied – when local discontent develops into violent conflict. 

In response, a growing number of mining companies and governments have rolled out “Community Development Agreements” (CDAs), an umbrella term covering formal arrangements for local development between a company and designated communities. CDAs can run the gamut of the community-company relationship, including among other areas, socio-environmental impacts, benefit sharing, employment, monitoring and grievance redress.

CDAs have spread quickly in national law and policy. Since the mid-1980s thirty two countries have adopted community development provisions in mining codes, with nine countries currently in the process. The CDA model, it seems, is an emergent “best practice” and initiatives ranging from the Ruggie Principles to the International Council on Mining and Metals have reiterated their value.

ECOWAS, CET, and EPA – let’s take the debate to where the action is

Erik von Uexkull's picture

Road near Zaria, Nigeria. Source - pjotter05The Economic Community of West African States (ECOWAS) is making some real progress in regional integration. After decade-long negotiations, it has just launched its own Common External Tariff (CET), and now a final proposal for an Economic Partnership Agreement (EPA) with the European Union is also on the table.

However, vast differences in opinion remain regarding the likely effects of these reforms. In Nigeria—a key player in the region— debate is currently lively as to whether the country should sign the EPA, with some local stakeholders wary of the proposed reduction in trade protection.

Noting these concerns, the World Bank Group recently shed more light on the anatomy of these trade shocks. By analyzing detailed trade and firm data in a simple short-term framework, we were able to pick up details that are important determinants of how the reforms might play out—even in the longer run. The full reports can be found here, along with a non-technical policy note.

So what did we find?

Beyond Courts: Using a justice lens to address conflict, fragility and violence

Hassane Cisse's picture
Gaza. Displaced Persons. World Bank
Gaza. Displaced persons. Photo: © Natalia Cieslik / World Bank

From civil wars in Mali and Iraq to urban crime in Central America, perceptions of injustice are central to fueling violence and fragility. While we in the development community increasingly recognize that legitimate and effective justice institutions are crucial to inclusive growth in these contexts, we have often struggled to support them. The World Bank is at the forefront of developing new ways of understanding justice challenges as well as practical means to address them. 

A panel on “New Approaches to Justice in FCV,” part of the 2015 Fragility Forum, highlighted new ways of understanding and responding to justice challenges.

When less is more: How Serbia could deliver better justice with fewer judges

Georgia Harley's picture
In courts across Europe, there is a common refrain: “we need more judges!” Your court has a backlog? Many hands will make light work. Your courts are out of touch? Let’s bring in some new blood.
 
Serbia, however, has the opposite problem. Serbia has too many judges. And the implications for system performance, service delivery, and justice reform are significant.
 
So how many is too many?

When less is more: How Serbia could deliver better justice with fewer judges

Georgia Harley's picture
When less is more: How Serbia could deliver better justice with fewer judges
 
In courts across Europe, there is a common refrain: “we need more judges!” Your court has a backlog? Many hands will make light work. Your courts are out of touch? Let’s bring in some new blood.
 
Serbia, however, has the opposite problem. Serbia has too many judges. And the implications for system performance, service delivery, and justice reform are significant.
 
How many is too many?
 

The growing popularity of justice impact evaluations in developing countries

Nicholas Menzies's picture
Source: billsonPHOTO 


I was lucky to recently attend a workshop on justice and governance impact evaluations in the wonderful city of Istanbul. The spark of the workshop discussions lived up to the liveliness of the location.

Some time ago I blogged about the pros and cons of impact evaluations for justice projects in developing countries.  Since then, interest in impact evaluations in the justice sector has grown at the World Bank and within the larger development community. 

Justice proposed for sustainable development goals

Heike Gramckow's picture
​Source UN, 2014. The Road to Dignity by 2030: Ending Poverty, Transforming All Lives and Protecting the Planet

This year will see a major milestone with the adoption of sustainable development goals (SDGs) by the UN’s member states. Expanding on the 8 Millennium Development Goals (MDGs) set in 2000, the currently envisioned 17 SDGs are aiming to address broader, transformative economic, environmental and social changes. For the first time, however, the centrality of justice in achieving sustainable development has been recognized in the Open Working Group’s proposed Goal 16:
 
Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels.
 
The mention of justice, governance and peaceful societies in the SDGs is seen as an important step, but one that will pose many challenges. Secretary General Ban Ki-Moon has put his support behind the inclusion of justice as a central pillar for achieving sustainable development.

Can Court Fee Waivers Open the Door for Justice in Serbia?

Georgia Harley's picture
The courts are open and justice is blind, or so they say. But if you’re poor, the courts may be beyond your reach. How can you protect your rights if you cannot afford to walk through the door of the courthouse?

In many countries, courts offer to waive their fees to anyone who can demonstrate that they cannot afford them.

Whilst it is true that fee waivers will not overcome profound barriers to access to justice, they do provide an important safety net for the poor to access essential services. And by helping the poor to pursue their rights, the courts can help to level that unequal playing field that is the courtroom.

In Serbia, providing court fee waivers are particularly pertinent.
 

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