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Begin New Search Content Type Working Paper Publishing Institution Centre for International Governance Innovation

191. Sovereign Bond Contract Reform: Implementing the New ICMA Pari Passu and Collective Action Clauses

Author:
Gregory Makoff and Robert Kahn
Publication Date:
02-2015
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
In August 2014, following an extensive consultative process, the International Capital Market Association (ICMA) published proposed standard terms for new, aggregated collective action clauses (CACs). Concurrently, ICMA released new model wording for the pari passu clause typically included in international sovereign bond contracts. These announcements and the commencement of issuance of bonds with these clauses are an important turning point in the evolution of sovereign bond markets. The new CACs will make it much harder for holdout creditors to disrupt future bond restructurings or to be paid in full after the other bondholders receive haircuts. Under the new contractual form, a supermajority of bondholders can vote to force non-participating creditors into a restructuring, subject to strong protections against the abuse of minority creditors by the majority. At the same time, the new pari passu clause is designed to prevent the kind of rulings that lead to a disruption in payments to investors, as was the recent case with Argentina. Neutralizing holdout creditors in this fashion is of immense economic importance. It should facilitate more predictable outcomes for debtors and creditors, and fairer outcomes among creditors in situations that require debt restructuring. However, even with the rapid issuance of bonds under the new ICMA framework, the potential for disorderly debt restructurings will remain until the vast majority of old bonds, already in the stock of debt of sovereign borrowers, have been converted to bonds that include the new clauses. This may take more than a decade. A strong case exists for the establishment of a coordinated public-private initiative that is focused on converting existing stocks of debt to the new format. While benefits to issuers and investors should provide a market force to drive the rapid uptake of the new clauses, the Group of Twenty (G20), working closely with the International Monetary Fund (IMF) and creditor groups, is uniquely positioned to give legitimacy to discussions of accelerated adoption of the new clauses, as well as discussions of further mechanisms to facilitate orderly debt restructuring. This paper discusses the ICMA consultative process to develop the new clauses, explains the workings of CACs and the history of their adoption, analyzes the effect of the new clauses in reducing holdout activity and discusses the use of bondholder meetings and exchange offers to accelerate the conversion of outstanding debt stocks into the new format.
Topic:
Debt and International Monetary Fund
Political Geography:
Argentina

192. Canada's Coming Property Insurance Crisis

Publication Date:
03-2015
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
In many areas across Canada, climate change will erode the conditions necessary for property insurance to remain available and affordable. This policy brief looks at the challenges facing the insurance system and presents policy recommendations aimed at sustaining and maximizing the insurance system and its benefits.
Topic:
Climate Change
Political Geography:
Canada

193. When Central Banks Surprise: Why It Is Important and What Policy Makers Need to Do about It

Author:
Domenico Lombardi, Pierre Siklos, and Samantha St. Amand
Publication Date:
01-2015
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
There is a risk that positive developments in the US economy and in the US Federal Reserve's monetary policy stance could induce global financial volatility and further exacerbate global economic imbalances. Empirical evidence suggests that global asset prices are responsive not just to US policy actions, but to news events concerning developments in the US economy and to the tones of Federal Reserve statements. Central banks need to continue to be mindful about the potential repercussions of shocking markets through statements and policy actions. The Group of Twenty (G20) ought to work together to implement coordinated, mutually beneficial economic policies. This includes being cognizant of the spillover effects of domestic policies, and seeking to minimize them.
Topic:
Monetary Policy
Political Geography:
United States

194. Enhancing Women Migrant Workers' Rights and Mainstreaming Gender in Global Migration Governance

Author:
Bethlehem Daniel and Michael Gordon
Publication Date:
08-2015
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
According to the International Organization for Migration, female migrants constituted approximately 50 percent of the share of the total migrant stock in 2013. The feminization of migration is an ongoing cross-border phenomenon that requires both attention and cooperation to minimize risk and increase protection for vulnerable populations. With women amounting to half of the number of global migrants, migration and gender can no longer be seen as separate silos in policy. Gender mainstreaming must be injected into high-level dialogue to reduce vulnerability and enhance human rights. This brief examines the problems associated with human trafficking, and identifies legislative and legal gaps in anti-trafficking policy through a compliance analysis of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). In order to facilitate gender mainstreaming efforts, member states party to CEDAW are encouraged to ensure that national anti-trafficking policies comply with CEDAW and adopt a rights-based approach to combatting human trafficking through the entrenchment of CEDAW principles in national legislation.
Topic:
Gender Issues, Human Rights, International Law, and Migration
Political Geography:
Global Focus

195. Cross-border Resolution of Financial Firms

Author:
Isabelle Duchane, Kateryna Dzaha, and James Supeene
Publication Date:
07-2015
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
The absence of an effective international regime for cross-border resolution of financial firms led to the disorderly failure of a number of global banks during the global financial crisis, at a high cost to taxpayers and global financial stability. Many jurisdictions still lack sufficient resolution powers and arrangements for cross-border cooperation. This brief proposes that the Financial Stability Board’s Key Attributes of Effective Resolution Regimes for Financial Institutions should be fully implemented within the Group of Twenty (G20) and expanded to include non-G20 states. The FSB should develop a series of model laws on cross-border resolution and endorse a multilateral memorandum of understanding containing reciprocal commitments among the signatories.
Topic:
International Trade and Finance, Financial Crisis, Reform, and G20
Political Geography:
Global Focus

196. Comparing Transnational IPR Policy: Closing the Gap in Canada's Patenting Regime

Author:
Samah Rahman and Shashanth Shetty
Publication Date:
07-2015
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
Canada is lagging behind in research and development (R&D) commercialization, ranking fifteenth in the World Economic Forum’s 2015 Global Competitiveness Report. One of the most important contributing factors to the gap between R&D and competitiveness is that new entrepreneurs lack the monetary and informational resources to access intellectual property (IP) legal expertise. The authors of this brief argue that the Canadian government’s strategies have been ineffective, and its current policy initiatives have failed to consider the importance of disseminating IP legal knowledge directly to innovators. It is recommended that the government look to the models used by the United States and South Korea to mobilize IP legal knowledge within the entrepreneurial community. This can be achieved by establishing a national IP legal clinic at the university level — as well as increasing funding for existing programs and creating a virtual clinic — and including an IP rights application course in select university programs, targeting innovators who will require IP legal advice in the future.
Topic:
Economics and Intellectual Property/Copyright
Political Geography:
United States, Canada, and South Korea

197. Where Does the Biggest Gorilla in the Room Sit? Milk, the United States and International Trade Negotiations

Author:
Bruce Muirhead
Publication Date:
12-2015
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
As Robert Reich, a former labor secretary under Bill Clinton, once asked, with reference to the United States, “Where does the biggest gorilla sit? Anywhere it likes.” Dairy has long been a protected sector in the United States, which has a history of constructing its own reality with respect to freeing up international trade in agricultural products, milk included, and of ignoring or renegotiating commitments when they did not suit the government of the day. This background paper explores the historical evolution of US trade and agricultural policy as seen through its position on the dairy file in international trade regulations.
Topic:
Agriculture, International Trade and Finance, Food, and Food Security
Political Geography:
United States of America

198. Combatting Cyber Threats: CSIRTs and Fostering International Cooperation on Cybersecurity

Author:
Samantha Bradshaw
Publication Date:
12-2015
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
This paper examines the role of computer security incident response teams (CSIRTs) in the emerging cyber regime complex and asks what might be driving the lack of trust and information sharing within the community. ThePow commercialization of cyber security and threat vulnerabilities, the Internet’s development as a new power domain, the growth of the CSIRT community and the emergence of a cyber regime complex are examined as factors that are giving rise to and exacerbating existing problems around information sharing and trust.
Topic:
National Security, Science and Technology, International Security, and Cybersecurity
Political Geography:
Global Focus

199. Geopolitics at the World's Pivot: Exploring Central Asia's Security Challenges

Author:
Jacqueline Lopour
Publication Date:
11-2015
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
This paper introduces Central Asia’s geopolitical significance and explores several inter-related security challenges. For each security issue, this paper provides a brief overview of the issue, explains why or how it developed and looks at the issue’s significance within the broader security environment. The paper then turns to Canada’s role in Central Asia and addresses opportunities to expand engagement in the security realm.
Topic:
Security, International Security, Bilateral Relations, Governance, and Geopolitics
Political Geography:
Central Asia and Canada

200. Climate Change and Human Rights: How? Where? When?

Author:
Basil Ugochukwu
Publication Date:
11-2015
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
Actions taken to mitigate and adapt to the adverse impacts of climate change must be centred on human rights. This paper analyzes a few examples of national, subnational and corporate climate change policies to show how they have either enshrined human rights principles, or failed to do so. It also examines the challenge of integrating human rights principles in climate change actions. Climate change policies, if they are to respect all human rights, must actually use human rights language to articulate adaptation or mitigation measures.
Topic:
Climate Change, Development, Human Rights, and Politics
Political Geography:
Global Focus