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Roundtable on Governance & Law - Roundtable on Governance & Law: Challenges & Opportunities World Bank Headquarters Washington DC – Nov 5-6, 2018 BACKGROUND PAPERS 1 World Development Report 2017 - Governance & the 1 Law 2 Global Governance, Human Needs and Values by 42 Winston P. Nagan & Brittany M DiCaprio 3 Session 4: Constitutional and Legal Culture, Social 73 Culture and Human Rights draft by Winston P. Nagan and Samantha R. Manausa 4 Session 12: National Governance in a Global Society 74 draft by Winston P. Nagan and Samantha R. Manausa 5 Who should Govern on What Principles: The Future of 89 Decision Making by Elif Cepni 6 Planetary Security & Anticipatory Governance by Leon 104 Fuerth 7 Foresight & Anticipatory Governance by Leon Fuerth 110 8 Anticipatory Governance: Practical Upgrades by Leon 129 Fuerth & Evan M. H. Faber - 9 Would the Big Government Approach Increasingly Fail 225 to Lead to Good Decision? A Solution Proposal by Rodolfo Fiorini 10 A New Environmentalism: The Need for a Total 245 Strategy for Environmental Protection by Scott Fulton and David Rejeski A World Bank Group Flagship Report 2017 GOVERNANCE and THE LAW Why are carefully designed, sensible policies too often not adopted or implemented? When they are, why do they often fail to generate development outcomes such as security, growth, and equity? And why do some bad policies endure? World Development Report 2017: OVERVIEW Governance and the Law addresses these fundamental questions, which are at the heart of development. Policy making and policy implementation do not occur in a vacuum. Rather, they take place in complex political and social settings, in which individuals and groups with unequal power interact within changing rules as they pursue conflicting interests. The pro- cess of these interactions is what this Report calls governance, and the space in which these interactions take place, the policy arena. The capacity of actors to commit and their willingness to cooperate and coordinate to achieve socially desirable goals are what matter for effectiveness. However, who bargains, who is excluded, and what barriers block entry to the policy arena determine the selection and implementation of policies and, consequently, their impact on development outcomes. Exclusion, capture, and clientelism are manifestations of power asymmetries that lead to failures to achieve security, growth, and equity. The distribution of power in society is partly determined by history. Yet, there is room for positive change. This Report reveals that governance can mitigate, even overcome, power asymmetries to bring about more effective policy interventions that achieve sustainable improvements in security, growth, and equity. This happens by shifting the incentives of those with power, reshaping their preferences in favor of good outcomes, and taking into account the interests of previously excluded participants. These changes can come about through bargains among elites and greater citizen engagement, as well as by international actors supporting rules that strengthen coalitions for reform. SKU 33101 2017 2017 2017 This booklet contains the overview, as well as a list of contents, from the World Development Report 2017: Governance and the Law, doi:10.1596/978-1-4648-0950-7. A PDF of the final, full-length book, once published, will be available at https://openknowledge.worldbank.org/, and print copies can be ordered at http://Amazon.com. Please use the final version of the book for citation, reproduction, and adaptation purposes. © 2017 International Bank for Reconstruction and Development / The World Bank 1818 H Street NW, Washington DC 20433 Telephone: 202-473-1000; Internet: www.worldbank.org Some rights reserved This work is a product of the staff of The World Bank with external contributions. The findings, interpretations, and conclusions expressed in this work do not necessarily reflect the views of The World Bank, its Board of Executive Directors, or the governments they represent. The World Bank does not guarantee the accuracy of the data included in this work. The boundaries, colors, denominations, and other information shown on any map in this work do not imply any judgment on the part of The World Bank concerning the legal status of any territory or the endorsement or acceptance of such boundaries. Nothing herein shall constitute or be considered to be a limitation upon or waiver of the privileges and immunities of The World Bank, all of which are specifically reserved. Rights and Permissions This work is available under the Creative Commons Attribution 3.0 IGO license (CC BY 3.0 IGO) http://creativecommons.org/licenses/by/3.0/igo. Under the Creative Commons Attribution license, you are free to copy, distribute, transmit, and adapt this work, including for commercial purposes, under the following conditions: Attribution—Please cite the work as follows: World Bank. 2017. “World Development Report 2017: Governance and the Law.” Overview booklet. World Bank, Washington, DC. License: Creative Commons Attribution CC BY 3.0 IGO Translations—If you create a translation of this work, please add the following disclaimer along with the attribution: This translation was not created by The World Bank and should not be considered an official World Bank translation. The World Bank shall not be liable for any content or error in this translation. Adaptations—If you create an adaptation of this work, please add the following disclaimer along with the attribution: This is an adaptation of an original work by The World Bank. Views and opinions expressed in the adaptation are the sole responsibility of the author or authors of the adaptation and are not endorsed by The World Bank. Third-party content—The World Bank does not necessarily own each component of the content contained within the work. The World Bank therefore does not warrant that the use of any third-party- owned individual component or part contained in the work will not infringe on the rights of those third parties. The risk of claims resulting from such infringement rests solely with you. If you wish to re-use a component of the work, it is your responsibility to determine whether permission is needed for that re-use and to obtain permission from the copyright owner. Examples of components can include, but are not limited to, tables, figures, or images. Cover design: Kurt Niedermeier, Niedermeier Design, Seattle, Washington. Interior design: George Kokkinidis, Design Language, Brooklyn, New York, and Kurt Niedermeier, Niedermeier Design, Seattle, Washington. Contents vii Foreword ix Acknowledgments 1 Overview: World Development Report 2017: Governance and the Law 2 Improving governance to meet today’s development challenges 5 Drivers of effectiveness: Commitment, coordination, and cooperation 12 Levers for change: Contestability, incentives, preferences and beliefs 19 Drivers of change: Elite bargains, citizen engagement, and international influence 29 Rethinking governance for development 32 Navigating this Report 33 Notes 34 References 39 Contents of the World Development Report 2017 v Foreword Leaders, policy makers, and development professionals often worry that well-intentioned policies designed to improve the lives of their communities will fail to deliver results. The global development community needs to move beyond asking “What is the right policy?” and instead ask “What makes policies work to produce life-improving outcomes?” The answer put forward in this year’s World Development Report is better governance—that is, the ways in which governments, citizens, and communities engage to design and apply policies. This Report is being launched at a time when global growth and productivity are con- tinuing to slow, limiting the resources available to help the world’s poorest and most vulner- able. Yet, people’s demands for services, infrastructure, and fair institutions are continuing to rise. Given strained government budgets and development aid, it is vital that resources be used as effectively as possible. We can do this by harnessing the finance and skills of pri- vate businesses, working even more closely with civil society, and redoubling our efforts in the fight against corruption, one of the biggest roadblocks to effective, lasting development. However, coordinating the efforts of this diverse set of groups requires clarity on the roles and responsibilities of each group, along with effective rules of the road to reach and sustain agreements. Without paying greater attention to stronger governance, the World Bank Group’s goals of ending extreme poverty and boosting shared prosperity, as well as the transformational vision of the United Nations’ broader Sustainable Development Goals, will be out of reach. Based on extensive research and consultations conducted in many countries over the past 24 months, this Report draws attention to the importance of commitment, coordina- tion, and cooperation as the three core functions needed to ensure that policies yield their desired outcomes. The Report also offers a helpful framework for approaching and resolv- ing the challenges faced by our partners. Specifically, it explores how policies for security, growth, and equity can be made more effective by addressing the underlying drivers of governance. Moving beyond the traditional concerns about implementation, such as limited state capacity, the Report then digs deeper to understand how individuals and groups with dif- fering degrees of influence and power negotiate the choice of policies, the distribution of resources, and the ways
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