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The private sector is virtually nonexistent in Indian country. Consequently, reservations experience chronically high rates of unemployment and poverty. Tribes have implemented numerous laws to foster development; however, the private sector is yet to thrive. Legal uncertainty is a major reason why. Although tribes have the ability to make their own laws, the Supreme Court limits tribes’ ability to exercise jurisdiction over non-Indians. In 1981, the Supreme Court held tribes can exercise jurisdiction over non-Indians who enter a consensual relationship with the tribe or its citizens, and tribes can also assert jurisdiction over non-Indians engaged in behavior that imperils tribal welfare. These categories have been construed extremely narrowly. Furthermore, determining whether a transaction is subject to tribal jurisdiction often requires years of costly litigation. Another impediment to tribal economic development is state taxation because the Supreme Court permits states to tax Indian country commerce. This means tribes cannot collect taxes because this would result in dual taxation. Without tax revenue, tribes struggle to fund the infrastructure businesses need. Additionally, it is often unclear whether the state can regulate an activity in Indian country. As a result of these factors, businesses avoid Indian country.
In a rights-based legal system, a government may justly condemn property on two main distinct grounds. The eminent domain power authorizes governments to take private property upon payment of just compensation, if the taken property is going to be used by the government or by the public at large. Governments may also condemn and redistribute private property under the police power, primarily when doing so seems clearly likely to secure an average reciprocity of advantage to all the affected owners. If a government action does not satisfy either set of standards, however, it constitutes a violation of property rights. This chapter applies the justifications it studies to familiar disputes about irrigation systems, the creation of dams and mills, the acquisition of land for mining rights of way, urban renewal programs, the redistribution of land in Hawaii to deal with oligopoly, and the redistribution of land to facilitate economic development in Kelo v. New London (2005). This chapter also considers the skeptical view holding that it is impossible to distinguish between police regulation and eminent domain or between public and private uses.
Governments offer resource user rights, such as individual and collective agricultural land rights, fishing quotas, and territorial user rights in marine activities, to induce economic development and efficient resource use. Yet, user rights and improved incomes do not always lead to project uptake, as in rural-rural migration. Marine user rights may differ from land tenure rights, especially when rights are individual or collective. We explore household survey data from Chile about participation in projects linking marine resource activities with user rights across payoff levels and commute/relocation ‘disruption’ costs. Households are more likely to participate in projects with low disruption costs and high incomes, yet many households reject lucrative projects. The household's existing user rights and the project's activity–rights pairs affect project participation levels, with differences across collective and individually-held rights. These results inform policy aimed at increasing incomes and resource use efficiency through marine resource projects with user rights.
While the effects of technological change on deskilling and upskilling of the contemporary labor force have been intensely debated among economists and sociologists, historians have been more or less silent. Here, we historicize this debate by applying a set of HISCO-based measures to a recently homogenized set of aggregated census data for men in Italy from 1871 to 2011, coded in HISCO, to study the effects of waves of technological changes. With the transition from agriculture, via industry to services, we identify the main subprocesses and study occupational diversity and specialization, class formation, and skill development. The first industrial revolution saw modest growth in lower-skilled work in Italy, and a decline in unskilled work; the second, growth in lower- and higher-skilled work, and a decline in medium and unskilled work; the third, growth in lower- and higher-skilled work.
Politicians in all democracies have goods to distribute, and they employ different modes of distribution to deliver them. They can offer voters goods in the hope those goods turn into votes. Alternatively, they can try to make the distribution of a good conditional on how someone votes. The latter mode is clientelism. I point out that the literature on clientelism has been preoccupied with the idea that politicians form clientelistic relationships with individuals. This has led to an intense scholarly focus on how politicians can consummate such vote buying deals to their satisfaction, given that the secret ballot prevents them from observing how people vote. I argue that under a certain configuration of political institutions, it makes sense for politicians to form clientelistic relationships with groups of voters. To do so, a politician’s electoral district must be divisible into groups of voters, at which electoral support is observable and to which resources are targetable. I take four longstanding questions of interest in the clientelism literature, concerning brokers, economic development, democratic integrity, and club goods and explain how the theory of group-based clientelism opens up new lines of inquiry in each.
How does the deployment and withdrawal of UN peacekeepers affect local economic development in civil war countries? This study provides a large-N subnational analysis across UN peacekeeping operations that assesses their impact on the local economy both during deployment and after their withdrawal. We expect a positive association between UN peacekeeping and economic development. Besides providing a sizeable cash injection into the economy, peacekeepers can safeguard both the resumption of everyday economic exchanges at the grassroots level and the influx of aid and development projects. To test this, we combine subnational data on peacekeeping deployments with high-resolution data on nightlight emissions. Results from two-way fixed effects models, using matching, show that a more sizable peacekeeping presence can help boost economic activity in their area of operation. Importantly, we identify a slow but positive economic development in areas of deployment after peacekeepers withdraw, which is confirmed in a DiD estimation approach.
This chapter offers an introduction to Making India Work. It presents a snapshot of India’s welfare regime today and outlines its distinctive features in comparative perspective. The chapter establishes that the development of social policies has been a significant component of the building of India’s national economy and polity. Historical decisions have had longer-term implications for the shape and size of the country’s social provision, yet social policy has been curiously marginalised within classic scholarship on India’s political economy. The introductory chapter defines the term ‘welfare regime’ as distinct from a ‘welfare state’ and introduces the analytical tools necessary to identify the components of a welfare regime in a context of high economic informality. It provides an overview of methods and historical sources and summarises the book’s main arguments before providing an outline of the book structure.
While national rules regarding the scope, availability and issuance of utility models vary from country to country, most utility model regimes offer protection for tangible products, with many, but not all, jurisdictions excluding processes, biological materials and computer software from the scope of protection. The duration of utility model protection ranges from five to fifteen years, with most countries offering ten years of protection. In most countries, utility model applications are not formally examined and must simply disclose the product in question. Given the lack of examination, obtaining utility models is generally viewed as faster and cheaper than obtaining patents. This combination of speed and cost, in theory, makes utility models potentially attractive to small and medium enterprises (SMEs) that cannot afford to obtain full patent protection. Similar considerations have also been raised as advantageous to innovators in low-income countries.
This chapter provides an overview of the origins, expansion and reform of India’s welfare regime since the early twentieth century. It outlines the contributions of the book to wider literatures on the histories and politics of social policy in developing countries. The chapter demonstrates interventions in three bodies of literature: firstly, to histories of labour and of the mid twentieth-century democratic and developmental Indian state at the interstices of the colonial and postcolonial eras; secondly, to the literature on the political economy of democracy and development in postcolonial India; thirdly, to the comparative politics literature on welfare regimes beyond Europe and North America. The chapter highlights three factors for their role in shaping the nature of India’s welfare regime over the past century: firstly, the changing shape of India’s model of capitalism; secondly, the gradual deepening of democratic participation; and thirdly, the multi-level territorial articulation of both capitalism and electoral politics.
The global landscape for existing utility model rights is a helpful starting point to the discussion on utility model innovation policy at the country-level as well as firm strategy. WIPO data indicates that approximately 3.0 million utility model applications were filed globally in 2022, a growth rate of 2.9% from the previous year and close to the global total of 3.5 million applications for standard patents. Only about one-half of the world’s countries provide for utility model systems, yet companies from around the world acquire these rights. Utility models are important players in the IP environment, and the unique qualities of the system and differential representation require specific analysis. In this chapter, we review existing empirical data and present additional data regarding UM filings and litigation worldwide. Our purpose is to provide background and context for the more detailed discussion in the remaining chapters in this book.
The UN General Assembly, a body including representatives of all UN member governments, serves as the primary forum for defining a better world order through peaceful change. It has endorsed programs of peaceful change at all levels of ambition at different times and on different issues. Much of its activity has focused on the minimalist goal of averting or ending particular wars. On other issues, most notably decolonization, national economic development, and adding environmental concerns to the intergovernmental agenda, it has contributed to incremental change in the states system. Yet the limits on what governments would endorse became clear on issues such as human rights where changes would affect domestic political orders. The end of the Cold War and related domestic-level political changes provided the context for higher ambition, which peaked in 2005 when the General Assembly endorsed the Sustainable Development Goals (SDGs). The SDGs offered a vision of deep peace in which universal respect for human rights, human development, and human security prevail within ecologically sustainable societies. Yet the subsequent spread of authoritarian rule within states and increased geopolitical tensions between major states have reinforced governments’ traditional approaches to states system, reducing the ambition of programs for peaceful change.
Chapter Two focuses on the long-term effects of foreign direct investment at the subnational level in less developed peripheral regions. It identifies the different types and mechanisms of foreign direct investment in more developed (core) regions and less developed (peripheral) regions. It argues that positive long-term development effects of foreign direct investment in host regions depend on linkages between foreign-owned and domestic firms and spillovers from foreign-owned to domestic firms. It argues that in the long run, foreign direct investment tends to benefit core regions more than peripheral regions. Chapter Two also critically evaluates the most important conceptual approaches to foreign direct investment in peripheral regions developed in economic geography since the 1970s, namely the branch plant economy and truncation, new regionalism, new international division of labor and spatial divisions of labor, and the global production networks perspective.
Chapter One reviews the history of foreign direct investment in less developed world regions and less developed countries and considers the empirical evidence about its effects on economic development. It critically evaluates main theoretical and conceptual perspectives on the effects of foreign direct investment in less developed countries. I argue two main points. First, the empirical evidence points strongly towards very uneven and limited positive long-term development effects of foreign direct investment in less developed countries. Second, mainstream and heterodox approaches to foreign direct investment came to contrasting conclusions about its potential long-term development effects in less developed countries.
This chapter shows that child labor is common in most countries with sweatshops but that most children don’t work in manufacturing – most work in agriculture or the service sector. Thus, calls to ban imported sweatshop goods made using child labor ends up shifting even more children into agriculture and services where pay is often lower and work less safe. The chapter argues that the process of economic development that raises average incomes has been the main cure for child labor. Anti–child labor laws typically codify improvements that market competition already achieved.
This chapter explains how the market process creates the right capital and technology to promote the process of development. It explains how an institutional environment of economic freedom best promotes the process of development and provides empirical evidence to support this view. It then reviews how economic freedom has evolved in countries that had sweatshops identified in the first edition of this book.
Out of Poverty provides a comprehensive defence of Third World sweatshops that does not put economic efficiency over people, but instead explores methods of improving the welfare of those in Third World countries. The author explains how sweatshops provide the best opportunity for workers; and how they play an important role in development, leading to better wages and working conditions. Using economic theory, empirical evidence, and historical investigation, Powell argues that the anti-sweatshop movement would harm the very workers it intends to help by creating less-desirable alternatives and undermining development. Including a new chapter on the 2013 Rana Plaza factory collapse in Bangladesh, this revised and expanded second edition also explores how sweatshop wages have changed and how poverty alleviation has progressed in countries with sweatshops in the late 1990s and early 2000s and how boycotting Uyghur forced labor in China differs other sweatshop boycotts.
This article proposes that, based on the evolution of international investment law and investment arbitration, umbrella clauses are substantially implicated in the interpretation of Chinese concession loan agreements in Nigeria. So far, the outcome of the oversight functions of the National Assembly of Nigeria indicates that umbrella clauses have not been considered a significant legal issue in the negotiation of these agreements. With the growing use of Chinese concession loan agreements in Nigeria, this article offers a historical analysis that should be a guide to organs of government, policy advisers and others charged with the sourcing and negotiation of concession loans for development projects in Nigeria. The article makes the case that a proper understanding of the evolution of umbrella clauses is germane to the negotiation and interpretation of these agreements, compared to standard immunity clauses that appear to have overtaken in the debate about these loans in Nigeria.
Edited by
Daniel Benoliel, University of Haifa, Israel,Peter K. Yu, Texas A & M University School of Law,Francis Gurry, World Intellectual Property Organization,Keun Lee, Seoul National University
The main purpose of this chapter is to study gender inequality within the inventive activities in three emerging countries – Brazil, India, and Mexico – using the framework of knowledge economics. It aims to determine which factors that influence a growing propensity of women to be inventors help reduce gender inequality in knowledge economies. In addition, the chapter contributes policy proposals that aim at increasing female participation in inventive activities. The key questions for this research are as follows: What are the characteristics and dynamics of female inventive activities in emerging countries with different economic development paths? What factors influence women’s propensity to invent? Based on the results of the econometric model proposed in this chapter, the inventive variables, such as the stock of prior knowledge, the size of inventor teams, the type of patent holder, technological field, and the presence of foreign researchers – positively influence women’s propensity to become inventors in a differentiated manner in each country. These findings validate how some variables could influence the inclusion of a greater number of women in research teams and the deployment of their potential inventive activities. The chapter proposes policies aimed at reducing gender inequality in the knowledge economy.
Chinese nationals working, studying, and living overseas have always been an important issue for Chinese policy-makers, who have adopted a variety of policies to protect, support, attract back, and monitor them. This first section of this chapter provides an overview of the presence of Chinese nationals overseas, where they are mostly located, and the factors that shape their presence. It then analyzes the main regulatory and diplomatic efforts made by the Chinese state to protect them. The policies adopted by the Chinese government to support and manage the Chinese diaspora, as well as lure back those highly educated nationals who are seen as an important source of innovation for the Chinese economy are discussed in the second half of the chapter. This discussion is followed by an analysis of the evolution of China’s military activities aimed at protecting Chinese citizens overseas. Overall, it emerges that the Chinese state has invested significant bureaucratic and diplomatic resources in these activities, preferring to keep a low profile in military terms.