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This paper looks at the existing tools and approaches most commonly used in developed and developing countries to review the stock of regulations. The tools reviewed can generate benefits in the short term, but they are most effective as part of a longer-term sustained initiative. This paper has a particular focus on the challenges that arise from their use in emerging and developing countries. The objectives of this paper include: 1) explaining the rationale for the use of these tools and approaches; 2) discussing each one of them in a succinct way; 3) considering the extent to which these tools can support more systemic regulatory reforms in the medium and long terms; and 4) considering the particular challenges and opportunities regarding their use in developing and emerging economies. Section one is a brief description of the rationale and context for applying tools and approaches to review the stock of regulation. It includes a reference to benefits and preconditions to make use of these tools. It also presents a categorization of the most commonly used tools and a comparative table on the way these tools can be applied. Section two presents a description of each of the different tools and approaches available, and discusses the way they are used and their main components. It includes references to international experiences in which these tools have been integrated into the regulatory reform process. Section three presents preliminary commentary about some of the potential advantages, disadvantages, and impacts of using these tools and approaches in developing countries. Some particular cases are presented to illustrate these trends. The section also includes a short description of the sequence observed in the use of some of these tools. Moreover, this section illustrates how these tools can (or cannot) generate gains in the short term and also provide a basis for further and broader regulatory reform programs.
Administrative & Regulatory Law --- Administrative Costs --- Administrative Procedures --- Advisory Services --- Burden of Proof --- Bureaucracy --- Business Environment --- Civil Liberties --- Corruption --- E-Business --- E-Government --- Economic Development --- Information Technology --- Innovation --- Insurance --- Law and Development --- Legislation --- Legislative Process --- Macroeconomics and Economic Growth --- Market Economy --- Political Will --- Private Sector --- Private Sector Development --- Public officials --- Regulators --- Rule of Law
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This paper looks at the role and design of regulatory reform institutions in developing countries. These institutions are classified into four broad types: 1) regulatory reform units, commonly known in Organization for Economic Cooperation and Development (OECD) countries as oversight bodies for regulatory reform; 2) high-level committees for regulatory reform, established in some countries to leverage support and take decisions at a high political level; 3) advisory and/or advocacy bodies in charge of proposing improvements to the regulatory system by strengthening coordination and consultation mechanisms and by promoting the regulatory reform agenda; and 4) Ad hoc institutions for regulatory reform, established to launch regulatory reform efforts and to work on a single defined task or activity. This paper is divided into the following sections: section one briefly reviews the theoretical debate and literature about the role of institutions in facilitating higher economic growth, focusing in particular on regulatory institutions and their relevance in developing countries; section two discusses the main features of regulatory reform institutions at the center of government, namely regulatory oversight bodies, high level committees, advocacy and/ or advisory bodies and ad-hoc institutions for regulatory reform; and section three identifies the features of these institutions that are considered to be best practice. Section three also identifies and discusses lessons learned and the implications for establishing and operating such institutions in developing country contexts.
Accountability --- Administrative Procedures --- Administrative Reform --- Advisory Services --- Bureaucracy --- Business Environment --- Business Regulation --- Children and Youth --- Consensus --- Corruption --- Decision Making --- Economic Development --- Good Governance --- Governance --- Governance Indicators --- Human Resources --- Investment Climate --- Judiciary --- Local Government --- National Governance --- Political Economy --- Political Instability --- Political Will --- Private Sector Development --- Public Sector --- Regulators --- Regulatory Agencies --- Social Development --- Transparency --- Vested Interests --- Violence
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There is broad recognition, across the political spectrum and in both 'northern' and 'southern' countries, that justice reform, and more generally the promotion of the 'rule of law', are central to development policy, particularly in conflict-affected, fragile and violent contexts. More recently an increased focus on global security and the interaction between security and development as put a renewed emphasis on such efforts. However, while legal, regulatory and 'justice' institutions are now seen as key part of the 'solution' to problems of conflict, fragility and development, this recognition is not matched by a correspondingly clear sense of what should be done, how it should be done, by whom, in what order, or how 'success' may be determined. There often tends to be a clear misunderstanding of both the nature of the problem and (thus) of the solution. In this paper, the author seek to provide some insight into these questions and sketch out a practical conception of effective justice reform in situations of conflict and fragility that may provide the basis for effective programming.
Access to Justice --- Accountability --- Administrative Law --- Arbitration --- Armed Forces --- Bankruptcy --- Bribery --- Children and Youth --- Civil Society Organizations --- Common Law --- Conflict and Development --- Conflict Resolution --- Constitutions --- Corruption --- Corruption & anticorruption Law --- Courts --- Customary Law --- Discrimination --- Economic Development --- Elections --- Empowerment --- Equality --- Federalism --- Foundations --- Freedom of Information --- Gangs --- Gender --- Genocide --- Good Governance --- Homicide --- Human Rights --- Informal Sector --- Inheritance --- International Cooperation --- International Donors --- International Law --- Judicial Reform --- Judiciary --- Jurisdiction --- Land Disputes --- Law and Development --- Leadership --- Legal Aid --- Legal Products --- Legislation --- Legislative Process --- Mediation --- Patronage --- Peacebuilding --- Political Parties --- Political Will --- Post Conflict Reconstruction --- Privatization --- Property Rights --- Public Opinion --- Rule of Law --- Sanctions --- Separation of Powers --- Social Development --- Technical Assistance --- Theft --- Transparency --- Universities --- Violence --- War Crimes --- Youth
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