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A case for legalizing bribery?

Sunday, April 3, 2011

 

Indian economist Kaushik Basu argued that in order to deter corruption, legal immunity should be given to bribe-giver (but not bribe-taker). That is, when an act of bribery is committed and both of the doers are caught, the bribe giver should be set free and allowed to collect their money, but the bribe taker should be punished.

This is indeed an interesting method for deterring corruption by managing its supply-side. It provides incentives for suppliers (bribe-giver) to report and turn over the bribe-taker to the police. He provides caveats however, that bribe giver may have an interest to manage his or her reputation in the underworld (I can imagine that someone like Ayin will have to be ‘credible’ enough in order to earn trust from the bureaucrat – that is to say, to have some sort of an underworld moral code). He also warn the possibilities that false charges of bribery on behalf of the public officials may rise, but this can be managed by increasing penalties for false charges – somewhat dilemmatic for a lawyer.

 

Anyway, download the paper here.

 

H.T. Marginal Revolution



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Nanotechnology and the Global South

Sunday, March 27, 2011

I come across this very interesting paper from Maclurcan about nanotechnology discourse in the global south. Of a particular interest is his elaboration on the conscious debate of both ‘short-term’ and ‘long-term’ nanotechnology:
 

In the meantime, the debate about Southern engagement with nanotechnology has forged ahead, assuming common understandings about what nanotechnology is and what it is not, as well as the general irrelevance of definitional debates. This is potentially problematic, given the conflicting way that nanotechnology is framed in the literature relating to the technology’s impact on, and in, the South. At different times, Southern nanotechnology debates have consciously drawn on understandings that correlate with both ‘near-term’ and ‘advanced’ nanotechnology. Whilst most writing presents near-term nanotechnology as the mainstream, there are instances where advanced nanotechnology has also been presented as ‘the reality’ for the South. Bruns, for example, sees answers for global poverty through a future of accessible abundance based on the application of advanced nanotechnology [27]. Al'Afghani, on the other hand, focuses on the need for future environmental laws in the South to incorporate “mechanisms for licensing, supervision and control of emissions and disposal methods for both MNT [molecular nanotechnology] products and nanofactories” [28]. Furthermore, a 2003 briefing document for a United Nations Industrial Development Organisation Expert Group Meeting, predominantly attended by representatives from the Global South, refers to the ability for advanced nanotechnology to address medical, energy and environmental challenges via “…factories operating at the nanometer level, including nanoscale conveyor belts and robotic arms bringing molecular parts together precisely…” [29].


The bottomline of his paper is that how nanotechnology is framed will affect its regulation. Most debate has been focused on ‘near-term’ nanotechnology as opposed to ‘speculative’ (borrowing Maclurcan’s own words) nanotechnology.

As I have gathered mode knowledge on regulation, my perspective on license-management in molecular nanotechnology has changed. The more detailed explanation has to wait a bit however, since I am still preoccupied with water. 

Download the paper from SSRN (click here).



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Will the next wars be fought over water? [Live Webcast]

Sunday, March 20, 2011


That would be the title of the upcoming discussion panel to be moderated by the former Canadian Prime Minister Rt. Hon. Jean Chrétien. The discussion is a part of a larger event entitled  "The Global Water Crisis: Addressing an Urgent Security Issue" , at the High-Level Expert Group meeting organized by the Inter Action Council of Former Heads of States and Government.

Prof. Patricia Wouters will represent the Dundee UNESCO Centre at the above InterAction Council High-Level Expert Group (HLEG) meeting. She will give a presentation at the discussion panel on the topic: Can the history of international co-operation over water continue? The complete list of the panel will be:

Will the next wars be fought over water?
  • Moderated by the Rt. Hon. Jean Chrétien
  • Dr. Fabrice Renaud—Conflicts and diplacement: Water as a hazard
  • Bob Sandford—Global pressures on water: Have we reached a tipping point?
  • Dr. Patricia Wouters—Can the history of international co-operation over water continue?
  • Moneef Zou’bi—Water in the Middle East: Source of conflict or co-operation?

Now for the more good news: You can join the discussion through the live webcast and ask questions to the panel members! Click here to sign up. The page will become live at the World Water Day, 22.3.11, commencing at 10:15 a.m. ET..


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Legal Jobs at ILR Linkedin Group

Monday, March 7, 2011

 

 

 

 

 

 

Linkedin opened up its job feature:

LinkedIn has made some upgrades to the Jobs section of LinkedIn groups that will make it much easier for group members and group managers to share LinkedIn jobs specifically tailored to your group. Group owners and managers can set up a keyword based feed of LinkedIn jobs into the group. Group members can also share relevant jobs into the group.

Organic postings from the old Groups "Jobs" tab are now in the Career discussions section.


We are excited about these changes. Be sure to visit the jobs section of your group and set up a targeted jobs feed for your group today.

Best Regards,

The LinkedIn Team


And so, the ILR Linkedin Group used this opportunity for its members to broadcast their talent-hunt. Join the ILR Linked Group here, and start posting your firm’s job offers.



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PEW's Research: Transparency makes citizen happier, more engaged

Friday, March 4, 2011

PEW has just released its latest survey on transparency of governance in local communities. The result: if the government shares information well, they also feel good about their civic institutions. Following is the summary of PEW's findings (see p.2):


  • Those who think local government does well in sharing information are also more likely to be satisfied with other parts of civic life such as the overall quality of their community and the performance of government and other institutions, as well as the ability of the entire information environment in their community to give them the information that matters.
  • Broadband users are sometimes less satisfied than others with community life. That raises the possibility that upgrades in a local information system might produce more critical, activist citizens.
  • Social media like Facebook and Twitter are emerging as key parts of the civic landscape and mobile connectivity is beginning to affect people’s interactions with civic life. Some 32% of the internet users across the three communities get local news from social networking site; 19% from blogs; 7% from Twitter. And 32% post updates and local news on their social networking sites.
The relationship between transparency system and 'trust' is unsurprising. When information is concealed, people will suspect that those holding the information is hiding something. On the contrary, when information is disclosed, people tend to perceive that everything runs well.

Hence, transparency system can also be used to exploit the masses. This is not an argument for opacity, but only to note that 'disclosure' is not always equal to 'transparency'. 

Read PEW's full report here.

OECD announces new transparency and anti-corruption initiative – clean.gov.biz

Thursday, March 3, 2011

 

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OECD - Paris 3 March 2011

 

 

OECD announces new transparency and anti-corruption initiative – clean.gov.biz

 

 

The OECD is developing a new initiative to improve coordination of anti-corruption and transparency initiatives - first within its member countries, and then with all other relevant players, including governments, international organisations, NGOs and the private sector.

 

“We are developing a new initiative, clean.gov.biz, that will improve our own anti-corruption tools and reinforce their implementation,” OECD Deputy Secretary-General Richard Boucher said. “We then want to strengthen cooperation with all relevant players to ensure that our instruments complement those of our partners.”

 

Mr. Boucher discussed the initiative during the March 2-3 meeting of the Extractive Industries Transparency Initiative, hosted at the OECD, underlining how many of its elements complement EITI work. EITI aims to improve natural resource management and reduce corruption by encouraging oil, gas and mining companies to publish the fees, royalties and taxes they pay and commiting governments to transparency about what they receive.

 

The OECD is at the forefront of global anti-corruption efforts. In 2010, its 34 member countries and leading partners including Brazil and Russia agreed to a Declaration on Propriety, Integrity and Transparency in the Conduct of International Business and Finance. The Declaration is based on OECD instruments including the OECD Guidelines for Multinational Entreprises, which since 1975 set standards for business behavior, and the OECD Principles of Corporate Governance, which set out broad rules to guide business conduct.

 

The OECD Anti-Bribery Convention commits 38 signatory governments to establish bribery of foreign public officials as a criminal offence. OECD work on public procurement, public sector integrity, including on lobbying and conflicts of interest, as well as budget transparency is at the core of the reform agenda in a growing number of countries. “Political turmoil in highly corrupted regimes reminds us that citizens around the world will no longer accept corruption as business as usual,” Mr. Boucher said.

 

The OECD is also actively cooperating with the G20 in the implementation of its Action Plan on Anti-Corruption, which includes initiatives on foreign bribery, asset recovery, international cooperation, protection of whistle blowers, government integrity and public-private partnerships in fighting corruption. It will co-organise with the French Presidency and the support of the UN Office on Drugs and Crime a G20 conference in April 27-28 on “Joining forces against corruption: G20 business and government.”

 

For further information on the OECD’s anti-corruption work, visit www.oecd.org/corruption or contact the OECD Media Division (tel: + 33 1 4524 9700; news.contact@oecd.org).

 

 

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Bochra KRIOUT
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Public Affairs & Communications Directorate - Media Division

 

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Tel: +33 1 45 24 14 28  or  +33 1 45 24 97 00  - Fax: +33 1 45 24 94 37

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Center for Law Information supports "Special Procedure on climate change and human rights"

Wednesday, March 2, 2011


A group of world Non Governmental Organizations, including the Center for Law Information (CeLI), petition for the establishment of a  Special Procedure on climate change and human rights. The NGOs consider that establishment of a special procedure, such as that which provide a mandate to a special rapporteur, would be an efficient way to tackle the issue.

A letter was sent to diplomatic missions in Geneva urging them to "publicly call for the creation of a Special Procedure on climate change and human rights who reports to the Human Rights Council in a resolution to be adopted at the 17th Regular Session of the Human Rights Council in June 2011."

See attached letter for further information