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The costs and long duration of court proceedings can be discouraging, and for the poor and micro and small enterprises (MSMEs) it can preclude access to justice entirely. According to the latest CEPEJ data, in 2014 disposition time of first instance civil and commercial litigious cases ranged from 97 days in Lithuania to 532 in Italy, with an overall EU average of 250 days.2 Costs (comprising both lawyer and court fees) can sometimes be greater than the value of the claim. Legislators around the world have long recognized that disputes concerning smaller claims may not require the same complex procedures and rules; instead, they can be resolved in a cheaper and more efficient manner. Although small claims procedure is not a new phenomenon and has existed for decades, it has only recently gained traction. Factors such as popular demand spur more and more countries into looking for new and faster ways to deal with smaller claims, as citizens are looking for simpler, ICT-enabled ways to resolve smaller disputes. This report provides a comparative analysis of small claims procedure in the 28 EU Member States, including lessons learned and good practices, to inform EU members and candidate countries looking to introduce or reform their small claims procedure. It considers a number of dimensions, namely: court fees, thresholds, institutional set-up, use of technology, the role of lawyers, lawyer fees, and avenues of appeal.
Law and Development --- Law and Justice Institutions --- Legal Products --- Legal Reform --- Settlement of Investment Disputes
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Women's ownership, use, and control over property matter for their well-being and agency and can influence outcomes for the second generation-women's daughters and sons. Additionally, gender gaps in property ownership induce allocative inefficiencies and foregone economic output, thus having economywide implications. This paper uses data for 28 countries in Sub-Saharan Africa to shine a spotlight on gaps between men and women in land and housing (property) ownership and analyze patterns across and within countries. The results indicate that men are about three times as likely as women to claim sole ownership over property. Gender gaps are smaller if joint ownership is taken into consideration, but still materially disadvantage women. Men are significantly more likely to own property than women even after controlling for a host of other factors. This paper is an important step toward a better understanding of gender gaps in property ownership in Africa and outlines an agenda for future data collection and analytic efforts.
Common Property Resource Development --- Gender --- Gender & Development --- Gender Gaps --- Intra-Household Inequality --- Law and Development --- Legal Products --- Legal Reform --- Poverty Reduction --- Property Ownership --- Social Policy
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Collective action by women's networks has been a strong driver of legislative change in many countries across the world. Women's groups in Botswana have used advocacy tools such as testing the implementation of gender equality principles in the national court system. In 1992, women's legal networks in the Unity Dow case successfully challenged discriminatory statutory citizenship laws. This victory triggered far-reaching reforms of the citizenship law, family law, and even the Constitution itself. Two decades later, another successful "test" case, the Mmusi case, has challenged the customary law practice of favoring male heirs as contrary to constitutional principles of equality. The paper explores the role that judges and national courts play in implementing gender equality principles and upholding state commitments to the Convention on the Elimination of Discrimination against Women. The paper also highlights the role of governments in taking on the concerns of their citizens and cementing the principle of equality in national legal frameworks. The backdrop to this process is a plural legal system where both customary and statutory laws and courts exist side by side. How women negotiate their rights through these multiple systems by coalition building and using "good practice" examples from other countries is important to understand from a policy perspective and how this "bottom-up" approach can contribute to women's economic empowerment in other national contexts.
CEDAW --- Children and Youth --- Development --- Economic Empowerment --- Gender --- Gender and Development --- Gender and Law --- Law --- Legal Products --- Macroeconomics and Economic Growth --- Population Policies --- Poverty Reduction --- Property Rights
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Mangroves and other coastal ecosystems act as natural defenses that protect people and property from storms, floods, erosion, and other coastal hazards, reducing coastal risk. Mangroves protect coastlines by decreasing the risk of flooding and erosion. The roots of mangroves retain sediments and prevent erosion, while the prop roots, trunks and canopy reduce the force of incoming wind and waves and reduce flooding. The Philippines has lost hundreds of thousands of hectares of mangroves in the last century. When mangroves are degraded or destroyed, the coast line becomes more exposed to the destructive impacts of waves and storm surge, and coastal communities have greater risks from the impacts of storms, floods, and sea level rise. The Philippines is at high risk from coastal hazards and natural defenses can help reduce these risks. This Technical Report, and its accompanying Policy Brief, provide a social and economic valuation of the flood protection benefits from mangroves in the Philippines. This work aims to support decisions across development, aid, risk reduction and conservation sectors as they seek to identify sustainable and cost-effective approaches for risk reduction. This Technical Report applies the Expected Damage Function approach recommended by the World Bank to quantify the risk reduction benefits from mangroves in the Philippines. Using high-resolution flooding models, the Report examines the flooding that would occur with and without mangroves under different storm conditions throughout the Philippines, and estimates the annual expected benefits of mangroves for protecting people and property in social and economic terms.
Environment --- Environmental Governance --- Finance --- Governance --- Law and Development --- Legal Products --- Legal Reform --- Public Sector Development --- Sanitary Environmental Engineering --- Social Development --- Social Policy --- Water Supply and Sanitation
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The authors analyze lawsuits involving publicly-appointed lawyers in a labor court in Mexico to study how a rigid law is enforced. They show that, even after a judge has awarded something to a worker alleging unjust dismissal, the award goes uncollected 56 percent of the time. Workers who are dismissed after working more than seven years, however, do not leave these awards uncollected because their legally-mandated severance payments are larger. A simple theoretical model is used to generate predictions on how lawsuit outcomes should depend on the information available to the worker and on the worker's cost of collecting an award after trial, both of which are determined in part by the worker's lawyer. Differences in outcomes across lawyers are consistent with the hypothesis that firms take advantage both of workers who are poorly informed and of workers who find it more costly to collect an award after winning at trial.
Adjudication --- Assets --- Bankruptcy and Resolution of Financial Distress --- Confidence --- Corruption --- Finance and Financial Sector Development --- Information Security and Privacy --- Judicial process --- Judicial system --- Law and Development --- Lawyer --- Lawyers --- Legal framework --- Legal Products --- Microfinance --- Public Sector Corruption and Anticorruption Measures --- Trial
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Using a newly compiled database of women's property rights and legal capacity covering 100 countries over 50 years, this paper analyzes the triggers and barriers to reform. The database documents gender gaps in the ability to access and own assets, to sign legal documents in one's own name, and to have equality or non-discrimination as a guiding principle of the country's constitution. Progress in reducing these constraints has been dramatic-half of the constraints documented in the 1960s had been removed by 2010. However, some sticky areas persist where laws have not changed or have even regressed. The paper analyzes potential drivers of reforms. A significant finding is that the relationship with a country's level of development and the extent of its reforms is not straightforward. For the first half of the sample, there was no systematic connection; only in the last 25 years have increases in income been associated with higher probabilities for reform, but only in lower-income countries. With the remaining constraints as prevalent in middle- as low-income countries, increased growth is not necessarily going to spark additional reforms. Clearer patterns emerge from the momentum created by international conventions, such as the Committee to Eliminate All Forms of Discrimination against Women (CEDAW), women's political representation at the national level, mobilization of women's networks, and increasing labor force participation in sectors that provide a voice for women, which are positive forces for change. Conversely, conflict and weak rule of law can entrench a discriminatory status quo. And much is at stake; strengthening women's legal rights is associated with important development outcomes that can benefit society as a whole.
Access to Finance --- CEDAW --- Development --- Finance and Financial Sector Development --- Gender --- Gender and Development --- Gender and Law --- Law --- Legal capacity --- Legal Products --- Population Policies --- Private Sector Development --- Property rights
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The institutional landscape of local dispute resolution in Bangladesh is rich: it includes the traditional process of shalish, longstanding and impressive civil society efforts to improve on shalish, and a somewhat less-explored provision for gram adalat or village courts. Based on a nationally representative survey, qualitative evidence from focus groups, and a telephone survey of 40 Union Parishad chairpersons (a little less than 1 percent of the total Union Parishads), it provides both an empirical mapping of local conflict and justice and pointers to possible policy reforms. It suggests a number of opportunities for strengthening local justice and argues that the village courts may pose a useful bridge between Bangladesh's informal and formal justice institutions.
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Using panel data for 189 economies from 2005 to 2013, this paper shows that business-friendly regulations are correlated with the poverty headcount at the country level. This association is significant using the World Bank's Doing Business indicators on getting credit and contract enforcement. The findings suggest that the conduit for poverty reduction is business creation, as a source of new jobs and a manifestation of thriving entrepreneurship.
Economic Adjustment and Lending --- Governance --- Health Care Services Industry --- Inequality --- Law and Justice Institutions --- Legal Products --- Legal Reform --- New Business Formation --- Poverty --- Poverty Reduction --- Property Rights --- Social Development --- Social Policy
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The authors analyze lawsuits involving publicly-appointed lawyers in a labor court in Mexico to study how a rigid law is enforced. They show that, even after a judge has awarded something to a worker alleging unjust dismissal, the award goes uncollected 56 percent of the time. Workers who are dismissed after working more than seven years, however, do not leave these awards uncollected because their legally-mandated severance payments are larger. A simple theoretical model is used to generate predictions on how lawsuit outcomes should depend on the information available to the worker and on the worker's cost of collecting an award after trial, both of which are determined in part by the worker's lawyer. Differences in outcomes across lawyers are consistent with the hypothesis that firms take advantage both of workers who are poorly informed and of workers who find it more costly to collect an award after winning at trial.
Adjudication --- Assets --- Bankruptcy and Resolution of Financial Distress --- Confidence --- Corruption --- Finance and Financial Sector Development --- Information Security and Privacy --- Judicial process --- Judicial system --- Law and Development --- Lawyer --- Lawyers --- Legal framework --- Legal Products --- Microfinance --- Public Sector Corruption and Anticorruption Measures --- Trial
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The institutional landscape of local dispute resolution in Bangladesh is rich: it includes the traditional process of shalish, longstanding and impressive civil society efforts to improve on shalish, and a somewhat less-explored provision for gram adalat or village courts. Based on a nationally representative survey, qualitative evidence from focus groups, and a telephone survey of 40 Union Parishad chairpersons (a little less than 1 percent of the total Union Parishads), it provides both an empirical mapping of local conflict and justice and pointers to possible policy reforms. It suggests a number of opportunities for strengthening local justice and argues that the village courts may pose a useful bridge between Bangladesh's informal and formal justice institutions.
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