{"title":"Measuring Poverty in the Pacific","authors":"M. Morris","doi":"10.2139/ssrn.2041821","DOIUrl":"https://doi.org/10.2139/ssrn.2041821","url":null,"abstract":"Measuring poverty in the Pacific is important to keep poor people on the policy agenda, to design effective policies and programs and to carry out rigorous evaluation so that we know what works and why. There are various definitions of poverty, ranging from a narrow focus on adequate calorie consumption through to broader concepts of capabilities. This paper takes a practical look at how to measure one conventional indicator of poverty: income (or consumption) poverty. In doing so, the paper highlights both the limitations of household datasets in the Pacific as well as opportunities to make better use of data for poverty analysis. Good progress is being made in improving the quality of household surveys, so the challenge now is to analyse these more fully to inform policies, program design and evaluation.","PeriodicalId":201085,"journal":{"name":"BHNP: Public Policy (Topic)","volume":"75 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124711250","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Fritz Machlup and the Bellagio Group: Strategy and Organization in an Early NGO","authors":"C. M. Connell","doi":"10.2139/SSRN.1951505","DOIUrl":"https://doi.org/10.2139/SSRN.1951505","url":null,"abstract":"Economist Fritz Machlup, the mentor and teacher of Edith Penrose, applied an opportunity cost-focused approach to the strategy and organization of his NGO for world monetary system reform. The NGO was the Bellagio Group, formed by Machlup and partners Robert Triffin and William Fellner to understand and solve the problems facing the world monetary system from the late 1950s through the 1970s. This story has been largely untold. This paper examines Fritz Machlup’s intellectual background, his understanding of opportunity costs and now they figure in his model of strategic change as well as his use of scenarios and framing to galvanize thinking and group action at the Bellagio Group conferences. Further, the paper probes the identity and background of the “team of rivals,” the so-called nongovernmental, academic economists, drawn from eleven countries, many of them chosen because they were well-known advocates for divergent, often feuding, schools of thought on the problems and solutions to problems facing the international monetary system in the 1960s, most of whom had had significant public policy experience before entering academia. How did the Bellagio Group turn the tide of policy-maker and central banker opinion toward exchange rates as an instrument to correct balance of payments problems, as contemporaries suggested? My research finds the answer in Fritz Machlup’s collaborative and iterative approach to strategy and his cross-functional, cross-geographic, approach to organization.","PeriodicalId":201085,"journal":{"name":"BHNP: Public Policy (Topic)","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121519260","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Toward a New Social-Political Theory of the Public Trust Doctrine","authors":"Haochen Sun","doi":"10.2139/ssrn.1942049","DOIUrl":"https://doi.org/10.2139/ssrn.1942049","url":null,"abstract":"This Article puts forward a new social–political theory of the public trust doctrine by demonstrating that the doctrine is a legal tool that embodies both rights-conferring and responsibilities-imposing functions. The new theory, as the Article shows, is capable of yielding effective responses to the criticisms that have been leveled against the doctrine and the conventional theories upon which the doctrine was founded. Based on the role of public space in human development, the Article first discusses how and why the public trust doctrine has functioned to protect public spaces by conferring upon citizens four categories of public rights. The Article then argues that we should regard the public trust doctrine as a legal tool to enforce the public trust principle as a fundamental constitutional principle affording citizens fundamental rights over public space that is indispensable for human development. The protection of the public interest under this principle embodies the fundamental human value of protecting public space and underscores the need for the legal system to be shaped in a manner that effectuates this human value. Moreover, the Article contends that while it grants citizens fundamental rights over public spaces, the public trust principle underlying the public trust doctrine also impresses social responsibilities upon the stakeholders regarding the protection of public space. Through the enforcement of social responsibilities, the doctrine promotes a stewardship ethic of protecting the public spaces in society. In this respect, the Article alters the conventional trusteeship model under the public trust doctrine, which deems the government to be the sole trustee responsible for managing public resources. It demonstrates that the social responsibility model of stewardship requires not only the government but also the judiciary and individuals as members of the public to act as the stewards of public resources.","PeriodicalId":201085,"journal":{"name":"BHNP: Public Policy (Topic)","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123081536","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Financial Crisis and the Forgotten Law of Contracts","authors":"G. Cohen","doi":"10.2139/ssrn.1926753","DOIUrl":"https://doi.org/10.2139/ssrn.1926753","url":null,"abstract":"At the bottom of the financial crisis lie failed contracts. Failed contracts are the stuff of contract law. Yet most discussions to date of possible responses to the financial crisis ignore contract law. To the extent contract law makes an appearance, the assumption is usually that the contracts at issue should and will be strictly enforced, so there is not much more to say. Contract law, however, is not dead. Nor is it impotent; it has just been forgotten. This article explores how courts could use a number of contract doctrines to address perhaps the biggest current problem resulting from the financial crisis: the huge number of foreclosures of residential mortgages that have occurred, are occurring and are expected to continue for some time. Many of these foreclosures might be avoided if the mortgage contracts were sufficiently modified, especially by reducing principal. Yet despite the fact that such modifications are often in the interests of both homeowner borrowers and investors in bonds derived from those mortgages, they are in many cases not occurring. The political will for bold legislative action on this problem seems to be lacking. Many solutions to this problem have been proposed, but only a few have been attempted, and these have not worked well. A cramped view of contract doctrine may well be contributing to this lack of political will. Recognizing the flexibility of contract law may foster a greater willingness to consider creative legislative solutions. After reviewing the conventional contract law approach to the mortgage contract and examining how financial wizardry changed the relevant risks, the article considers how courts might interpret the contract law doctrines of assignment, modification, restraint of trade, unconscionability, mistake, impracticability, damages, and the objective theory of intent to address the current foreclosure mess.","PeriodicalId":201085,"journal":{"name":"BHNP: Public Policy (Topic)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-09-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122374377","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Sustainable Consumption, Engery Policy and Individual Well-being","authors":"D. Farber","doi":"10.2139/SSRN.1918204","DOIUrl":"https://doi.org/10.2139/SSRN.1918204","url":null,"abstract":"Environmental law focuses on regulating the production of energy and goods. Less attention has been given to reducing the environmental footprint of consumption. This Article brings together several strands of research, including psychological and economic research on subjective well-being; research on energy efficiency; writings by urban planners on sustainable communities; and recent work on individual behavior and sustainability. The conclusion, in a nutshell, is that changes in consumption of goods and energy, assisted by improvements in urban design and transportation infrastructure, can significantly reduce energy use and environmental harm. A variety of legal tools are available to promote these changes. Remarkably, many of the steps needed for sustainability can actually improve quality of life, adding to individual satisfaction. Thus, sustainability for society and the pursuit of individual happiness need not be at odds.","PeriodicalId":201085,"journal":{"name":"BHNP: Public Policy (Topic)","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126626667","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Services Policy Reform in the People’s Republic of China: Before and After the Global Financial Crisis","authors":"Ying Fan","doi":"10.2139/ssrn.1910390","DOIUrl":"https://doi.org/10.2139/ssrn.1910390","url":null,"abstract":"Adverse effects of the global financial crisis on international trade include falling demand, increased trade protectionism, and drying up of trade finance. Much attention has focused on the impact of the crisis on goods trade; however literature on its impact on services trade is limited, especially on the services trade in the People’s Republic of China (PRC). This paper analyzes the impact of the global financial crisis on the PRC’s services trade, discusses the government’s policy responses, and raises policy suggestions.","PeriodicalId":201085,"journal":{"name":"BHNP: Public Policy (Topic)","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131015159","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Disqualification Orders for Directors Involved in Cartels","authors":"Andreas Stephan","doi":"10.1093/JECLAP/LPR046","DOIUrl":"https://doi.org/10.1093/JECLAP/LPR046","url":null,"abstract":"This paper examines the importance of director disqualification to effective cartel enforcement. It reviews Competition Disqualification Orders in the UK, sets out the justification for such orders and considers their main shortcomings. The paper then asks whether they would be a recommended practice for the European Commission.","PeriodicalId":201085,"journal":{"name":"BHNP: Public Policy (Topic)","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127035947","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Somewhere Over the Rainbow","authors":"Adam R. Tanielian","doi":"10.2139/ssrn.1906345","DOIUrl":"https://doi.org/10.2139/ssrn.1906345","url":null,"abstract":"Fraud has been the cause of a large part of the recent financial crisis. Banks and other lenders in leading economies have been charged with crimes, fined, and accused of fraud, especially mortgage fraud. This paper examines the performances of 14 top global lending institutions, and compares their performances over the period of financial crisis with major developed nations’ and EU economic data. American fraud and bank crime trends are shown. A series of correlation tests shows that several of the featured large lending institutions’ performances are very similar to fraud activities reported by the FBI. Correlations are also shown which link divorce, alcohol consumption, and abortion to economic and financial crises. Insufficiently checked white collar crime and a loosely regulated financial industry are shown to be associated with negative social and economic impacts. Policy changes are suggested.","PeriodicalId":201085,"journal":{"name":"BHNP: Public Policy (Topic)","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134392838","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Systemic Stability of Housing and Mortgage Market: A State-Dependent Four-Phase Model","authors":"Q. Xiao","doi":"10.2139/ssrn.1932782","DOIUrl":"https://doi.org/10.2139/ssrn.1932782","url":null,"abstract":"Motivated by the revealed preference approach to consumer theory, this study constructs a dynamic theoretical model which infers the unobservable household behavior from the observable patterns of housing and mortgage market activities. The model emphasizes the role of sellers and their asymmetric behavior in different phases of a housing market cycle in generating certain price-volume patterns. Such role has so far largely been ignored in both theoretical and empirical studies of housing markets. The model also establishes, theoretically, multiple channels via which housing and mortgage markets interact and via which speculative forces are propagated. In addition, it generates a testable result regarding the stability of the system formed by the two markets, which may be extended by endogenizing some important policy instruments.","PeriodicalId":201085,"journal":{"name":"BHNP: Public Policy (Topic)","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117017485","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Financial Adaptation to Climate Change via Public Interest Weather Derivatives and Catastrophe Bonds in the Wake of the Financial Meltdown","authors":"Aviad S. Welt","doi":"10.2139/SSRN.1933290","DOIUrl":"https://doi.org/10.2139/SSRN.1933290","url":null,"abstract":"Anthropogenic climate change is rapidly becoming one of the most pressing and troublesome sources for systemic risk in the global economy. The potential impacts on developed and especially developing economies necessitates the employment of cutting edge and specifically tailored financial solutions to transfer various climatic risks to those in the capital markets who could bear them most economically. In the wake of the recent financial meltdown, however, risk transferring financial technology faces increased skepticism and suspicion with respect to its capability to reduce systemic risks. Rather, financial engineering is blamed for increasing systemic risks, as evidenced by the contribution of collateralized debt obligations (CDOs) and credit default swaps (CDS) to the evolution of the subprime crisis and the collapse of major financial institutions. Given the structuring similarities between catastrophe bonds and CDOs on the one hand, and between Over-The-Counter (OTC) weather derivatives and CDS on the other, two main questions must urgently be addressed: (1) whether the root causes for the recent financial crisis also apply to and call into question climatic risk shifting technology, and (2) what inherent drawbacks, if any, in Cat bonds and OTC weather derivatives should be addressed in order to lower the likelihood of a “climate bubble.” Shedding light on these key questions will contribute to the debate surrounding the future regulatory landscape of risk shifting financial technology in general, and that of climatic risk transfer in particular.","PeriodicalId":201085,"journal":{"name":"BHNP: Public Policy (Topic)","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-05-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121494215","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}