DOCSLIB.ORG

Economics and Biological Diversity

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Economics and Biological Diversity INTERNATIONAL UNION FOR CONSERVATION OF NATURE AND NATURAL RESOURCES ECONOMICS AND BIOLOGICAL DIVERSITY: Developing and Using Economic Incentives to Conserve Biological Resources By Jeffrey A. McNeely INTERNATIONAL UNION FOR CONSERVATION OF NATURE AND NATURAL RESOURCES Gland, Switzerland November 1988 Prepared and published by the International Union for Conservation of Nature and Natural Resources Copyright: 1988 International Union for Conservation of Nature and Natural Resources This publication may be reproduced in whole or in part and in any form for educational or non-profit uses, without special permission from the copyright holder, provided acknowledgement of the source is made. IUCN would appreciate receiving a copy of any publication which uses this pub- lication as a source. No use of this publication may be made for resale or other commercial purpose without the prior written permission of IUCN. Citation: McNeely, Jeffrey A. 1988. Economics and Biological Diversity: Developing and Using Economic Incentives to Conserve Biolog- ical Resources. IUCN, Gland, Switzerland. xiv + 232 pp. ISBN: 2-88032-964-7 Design: The Magazine Group Printed by: St. Mary's Press, McGregor and Werner, Inc. Washington, D.C. Available from: IUCN Publications Services, 1196 Gland, Switzerland The designations of geographical entities in this book, and the presenta- tion of the material, do not imply the expression of any opinion what- soever on the part of the participating organizations concerning the legal status of any country, territory, or area, or of its authorities, or concern- ing the delimitation of its frontiers or boundaries. The interpretations and conclusions in this report are those of the author and do not necessarily represent the view of IUCN, USAID, or the other participating organizations. TABLE OF CONTENTS Foreword i Preface iii Acknowledgements v Executive Summary vii 1. ECONOMICS AND BIOLOGICAL DIVERSITY INTRODUCTION 1 AN APPROACH TO USING ECONOMIC INCENTIVES TO PROMOTE CONSERVATION OF BIOLOGICAL DIVERSITY 6 Purpose of the Guidelines 6 Limitations 7 2. VALUES AND BENEFITS OF BIOLOGICAL DIVERSITY INTRODUCTION 9 THE ECONOMIC ROOTS OF OVER-EXPLOITATION 10 APPROACHES FOR DETERMINING THE VALUE OF BIOLOGICAL RESOURCES 14 Direct Values of Biological Resources 14 Indirect Values of Biological Resources 19 THE BENEFITS OF PROTECTING HABITATS 25 Costs of Replacing Biological Resources 29 Costs of Protecting Biological Resources 30 THE CONCEPT OF MARGINAL OPPORTUNITY COST 31 CONCLUSIONS 33 3. ECONOMIC INCENTIVES: What they are and how they can be used to promote conservation of biological diversity INTRODUCTION 37 THE NATURE OF INCENTIVES AND DISINCENTIVES 38 ECONOMICS AND BIOLOGICAL DIVERSITY FORM AND FUNCTION OF THE DIFFERENT TYPES OF INCENTIVES 41 Direct Incentives 41 Indirect Incentives 42 COSTS AND BENEFITS OF INCENTIVE SYSTEMS 43 THE PROBLEM OF PERVERSE INCENTIVES 44 Major Economic Incentives for Depleting Biological Resources . 45 Commodities Trade and Incentives to Over-exploit 48 Modifying Perverse Incentives 51 NEGATIVE IMPACTS OF ECONOMIC INCENTIVES PROVIDED BY THE INTERNATIONAL COMMUNITY, AND WHAT CAN BE DONE TO OVERCOME THEM 53 CONCLUSIONS 55 4. THE USE OF ECONOMIC INCENTIVES TO PROMOTE CONSERVATION OF BIOLOGICAL RESOURCES AT THE COMMUNITY LEVEL INTRODUCTION 57 THE USE OF ECONOMIC INCENTIVES AT THE COMMUNITY LEVEL 58 DIRECT INCENTIVES TO PROMOTE CONSERVATION OF BIOLOGICAL RESOURCES AT THE COMMUNITY LEVEL 60 Direct Incentives in Cash 60 Direct Incentives in Kind 64 INDIRECT INCENTIVES TO PROMOTE COMMUNITY SUPPORT FOR CONSERVATION 71 Indirect Fiscal Incentives 71 Indirect Service Incentives: Community Development and Biological Diversity 72 Social Incentives for Conserving Biological Resources 73 CONCLUSION 77 5. THE USE OF INCENTIVES AT THE NATIONAL LEVEL INTRODUCTION 79 NATIONAL GOVERNMENT POLICIES WHICH ENABLE ECONOMIC INCENTIVES TO FUNCTION AT THE COMMUNITY LEVEL 80 Direct Incentives in Cash 80 Direct Incentives in Kind 81 Indirect Fiscal Incentives 81 Indirect Service Incentives 83 TABLE OF CONTENTS Indirect Social Incentives 83 COORDINATING CONSERVATION INCENTIVES: THE CROSS-SECTORAL APPROACH 84 The role of conservation strategies 84 Some cross-sectoral linkages 85 ECONOMIC INCENTIVES AND RESOURCE MANAGEMENT AGENCIES 94 Incentives for Staff 95 Community Service Voluntary Labor 96 The Special Case of Forestry Departments 97 CONCLUSIONS 99 6. INTERNATIONAL ASPECTS OF INCENTIVES SYSTEMS INTRODUCTION 101 THE ROLE OF DEVELOPMENT ASSISTANCE IN PROVIDING INCENTIVES FOR CONSERVING BIOLOGICAL RESOURCES 103 INTERNATIONAL LEGAL INSTRUMENTS AS INCENTIVES TO CONSERVE BIOLOGICAL DIVERSITY 106 CONCLUSIONS 109 7. MECHANISMS FOR FUNDING INCENTIVES PACKAGES INTRODUCTION 111 HOW TO FUND INCENTIVES PACKAGES 112 CONCLUSIONS 121 8. GUIDELINES FOR USING INCENTIVES TO CONSERVE BIOLOGICAL DIVERSITY INTRODUCTION 123 GUIDELINES FOR CENTRAL GOVERNMENT PLANNERS. 124 Introduction: Why Incentives Are Required to Conserve Biological Resources 124 Guideline 1: Make Rapid Initial Assessment of Available Biological Resources 126 Guideline 2: Estimate the Contribution of Biological Resources to the National Economy 127 Guideline 3: Establish National Policies for Managing Biological Resources 128 Guideline 4: Remove or Reduce Perverse Incentives 129 Guideline 5: Establish a Structure of Responsibility for the Biological Resources in the Region 130 ECONOMICS AND BIOLOGICAL DIVERSITY GUIDELINES FOR RESOURCE MANAGEMENT AGENCIES 131 Guideline 1: Develop the Institutional Capacity for Implementing Economic Incentives to Conserve Biological Diversity 132 Guideline 2: Ensure Community Involvement in the Incentives Package 133 Guideline 3: Design Realistic Incentives Packages, and Monitor Their Application to Ensure that Modifications are Made if Necessary 135 Guideline 4: Incorporate Economic Incentives into the Planning Process for the Agency 136 Guideline 5: Develop Innovative Funding or Other Mechanisms that Will Enable the Public to Support Conservation of Biological Resources 137 Guideline 6: Ensure that Incentives are Perceived as Such 137 Guideline 7: Incorporate Disincentives as Part of the Package 138 GUIDELINES FOR DESIGNING AND IMPLEMENTING DEVELOPMENT PROJECTS 139 Guideline 1: Design the Incentives as a Package 139 Guideline 2: Determine the Capacity of the Local Community to Benefit from Incentives 141 Guideline 3: Ensure that Projects which Incorporate Incentives Include All Necessary Elements for their Success 142 9. CASE STUDIES PERVERSE ECONOMIC INCENTIVES 1. Incentives Which Deplete Biological Resources in Brazil 147 2. Economic Incentives Resulting in Over-use of Grazing Lands in Botswana 149 3. Incentives Resulting in Over-exploitation of Tropical Forests in Indonesia 151 ECONOMIC INCENTIVES AT THE COMMUNITY LEVEL 4. Using Economic Incentives to Integrate Conservation and Rural Development in Thailand's Khao Yai National Park 153 5. Access to Thatching Grass as an Incentive for Promoting Local Support for Protected Area Values in Zimbabwe 156 6. Economic Incentives for Conserving Brazil's Iguape-Cananei- Parangua Estuary 157 7. Incentives for Controlling Human Impact on the Forests of Sagarmatha National Park, Nepal 159 TABLE OF CONTENTS 8. Access to Grazing and Water as an Incentive to Conserve the Amboseli Ecosystem, Kenya 160 9. "Ownership" of Marine Resources in Quintana Roo, Mexico 162 10. Food for Work as an Incentive for Community Action in Wolong Nature Reserve, China 164 11. Providing Profits from Hunting to Local Communities: A Major Incentive for Conseving Large Game in Zimbabwe 166 12. Community Involvement as an Incentive for Conservation Management of a Woodland in the Inner Delta of the Niger, Mali 168 13. Providing Training to Farmers as an Incentive for Conserving the Tegucigalpa Watershed, Honduras 170 14. Traditional Ownership for Modern Conditions in the Coastal Zone of Japan 172 15. Economic Incentives Among Pastoralists in Northern Kenya 174 16. Incentives and Disincentives in Community-Level Marine Resource Management in the Philippines 176 THE USE OF INCENTIVES AT THE NATIONAL AND INTERNATIONAL LEVELS 17. Innovative Funding for Conserving Biological Resources in Costa Rica 178 18. The Rubber Tappers Movement in Brazil: Harvest Rights as an Incentive to Conserve Biological Resources 180 19. Economic Incentives Provided to Rural Communities Adjacent to Indian Wildlife Reserves 182 20. Creating a Revolving Fund for Supporting Wildlife Management in Zambia 184 21. Land Swaps Between Government and Private Industry: A Mechanism for Conserving Wetlands in the USA 186 22. Debt Swap for Conservation in Ecuador: An International Incentive for Conserving Biological Diversity 187 23. The International Trade in Tropical Timber 189 24. Central Government Subsidies for Conserving a World Heritage site in Queensland, Australia 191 25. Cooperative Management of Caribou in the Arctic 193 DEFINITIONS OF KEY CONCEPTS 195 BIBLIOGRAPHY 199 ACRONYMS 231 INDEX 233 PREFACE he World Commission on Environment and Development has Tpointed out that "Conservation of living natural resources— plants, animals, and micro-organisms, and the non-living elements of the environment on which they depend—is crucial for develop- ment. The challenge facing nations today is no longer deciding whether conservation is a good idea, but rather how it can be imple- mented in the national interest and within the means available in each country" (WCED, 1987). The WCED called for greater attention by development agen- cies to the issues of conserving biological
Load more

Recommended publications
  • GLOBAL CENSORSHIP Shifting Modes, Persisting Paradigms
    ACCESS TO KNOWLEDGE RESEARCH GLOBAL CENSORSHIP Shifting Modes, Persisting Paradigms edited by Pranesh Prakash Nagla Rizk Carlos Affonso Souza GLOBAL CENSORSHIP Shifting Modes, Persisting Paradigms edited by Pranesh Pra ash Nag!a Ri" Car!os Affonso So$"a ACCESS %O KNO'LE(GE RESEARCH SERIES COPYRIGHT PAGE © 2015 Information Society Project, Yale Law School; Access to Knowle !e for "e#elo$ment %entre, American Uni#ersity, %airo; an Instituto de Technolo!ia & Socie a e do Rio+ (his wor, is $'-lishe s'-ject to a %reati#e %ommons Attri-'tion./on%ommercial 0%%.1Y./%2 3+0 In. ternational P'-lic Licence+ %o$yri!ht in each cha$ter of this -oo, -elon!s to its res$ecti#e a'thor0s2+ Yo' are enco'ra!e to re$ro 'ce, share, an a a$t this wor,, in whole or in part, incl' in! in the form of creat . in! translations, as lon! as yo' attri-'te the wor, an the a$$ro$riate a'thor0s2, or, if for the whole -oo,, the e itors+ Te4t of the licence is a#aila-le at <https677creati#ecommons+or!7licenses7-y.nc73+07le!alco e8+ 9or $ermission to $'-lish commercial #ersions of s'ch cha$ter on a stan .alone -asis, $lease contact the a'thor, or the Information Society Project at Yale Law School for assistance in contactin! the a'thor+ 9ront co#er ima!e6 :"oc'ments sei;e from the U+S+ <m-assy in (ehran=, a $'-lic omain wor, create by em$loyees of the Central Intelli!ence A!ency / em-assy of the &nite States of America in Tehran, de$ict.
    [Show full text]
  • Disciplining Criminal Justice: the Peril Amid the Promise of Numbers
    YALE LAW & POLICY REVIEW Disciplining Criminal Justice: The Peril amid the Promise of Numbers Mary De Ming Fan* Introduction ........................................................................................................... 2 Governing Governance and the Manufacture of "Objective" Visibility ............ 1O A. The Law of Making Performance Visible ................................................ 14 B. Difficulties Defining Criminal Justice in the Idiom of Targets .............. 16 C. Bending the Bounds of the Officially Sanctioned .................................. 24 II. Expressive, Expiatory "Deliverables". ............................................................. 27 A. At the Point of Policy Failure ................................................................... 30 B. Numbers that Do Not Attain Aims ......................................................... 36 C. What Expiation by Numerical Proxy Effaces ......................................... 42 1. Aim ing Beyond the Baseline ............................................................ 42 2. Effacing H igher Aim s ........................................................................ 49 III. Toward a Policy Embrace of Values and Numbers in Qualitative Context ... 57 A. Q ualitative Perspective ............................................................................ 57 B. How Law and Policy Can Be Conducive to Qualitative Evaluation ........... 59 C on clusion ...................................................................................................................
    [Show full text]
  • Please Don't Aim for a Highly Cited Paper
    AUSTRALIAN UNIVERSITIES’ REVIEW Please don’t aim for a highly cited paper Michael C Calver Murdoch University Citation-based metrics are important in determining careers, so it is unsurprising that recent publications advise prospective authors on how to write highly cited papers. While such publications offer excellent advice on structuring and presenting manuscripts, there are significant downsides, including: restrictions in the topics researched, incentives to misconduct and possible detriments to motivation, innovation and collegiality. Guides to writing highly cited papers also assume that all citations are equal, ignoring new directions in bibliometric research identifying ‘quality’ and perfunctory citations. Rather than pursuing citations, with the uncertainty about their significance and the potential negative consequences, authors may fare better by following evidence from several disciplines indicating that persistence, a focused research program, good methodology and publishing in relevant journals are more important in career development and disciplinary influence than the odd star paper. Research administrators could encourage such steps by considering innovative new multivariate assessments of research productivity, including assessing social impact. Keywords: citation, quality citation, motivation, misconduct, innovation, highly cited Introduction and clarity of style, encouraging people to aim consciously to write highly cited papers is concerning Increasingly, researchers find their track records under for five main reasons: (i) it narrows the scope of research scrutiny as supervisors and funding agencies seek the undertaken or published; (ii) the focus on reward most successful groups to fund, or individuals to reward may reduce intrinsic motivation, innovation and true with appointments, promotion, tenure or prizes (Corsi, collaboration but encourage mistakes and misconduct; D’Ippoliti & Lucidi, 2010; Oswald, 2010; Teixeira et al., (iii) despite substantial research, the significance of 2013).
    [Show full text]
  • The Future of Patient Flow Management Practices in the New Era of Health Reform
    The Future of Patient Flow Management Practices in the New Era of Health Reform David J Yu, MD, MBA, FACP, SFHM Medical Director, Adult Inpatient Medicine Service Presbyterian Medical Group ACA: Affordable Care Act ACO: Accountable Care Organizations • “It is anticipated that ACOs will increasingly be reimbursed under a capitated model that incentivizes optimal quality, safety, efficiency, and health outcomes for populations of patients.” – J. Haugham, MD, D. Burton, MD, HealthCatalyst Value over Volume: Quality over Quantity • Revenue at Risk • Patient Experience • Complication Consequences • Population Health Medicare Advantage Enrollment Bundle Payments • Payment for Episodes of Care – Hospital cost – Professional fee: all physician charges – Ancillary Service – SNF, Rehab • Middle ground between FFS and Capitation • Based on delivering episode of care at a lower price Payment Transparency • Commercial Insurance % of Medicare • ? Demise of Hospital Chargemaster Revenue Center versus Cost Center Patient Flow Traditional View • ED Physician Process owner • Discharge before noon • Observation units • Push patients up to medicine / surgical floor • Hall beds in ED/ Floor Patient Flow: Age of ACA • “A comprehensive, strategic initiative that hospitals need to align all their clinical departments, departmental budgets, and administrative processes around to achieve.” – Today’s Hospitalist, October 2014, David Yu, MD Patient Flow as a Strategic Initiative • How do you model financial efficiency in a cost center model? • No revenue generation
    [Show full text]
  • Economics of Malware: Security Decisions, Incentives and Externalities
    OECD Science, Technology and Industry Working Papers 2008/01 Economics of Malware: Michel J. G. van Eeten, Security Decisions, Johannes M. Bauer Incentives and Externalities https://dx.doi.org/10.1787/241440230621 Unclassified DSTI/DOC(2008)1 Organisation de Coopération et de Développement Économiques Organisation for Economic Co-operation and Development 29-May-2008 ___________________________________________________________________________________________ _____________ English - Or. English DIRECTORATE FOR SCIENCE, TECHNOLOGY AND INDUSTRY Unclassified DSTI/DOC(2008)1 ECONOMICS OF MALWARE: SECURITY DECISIONS, INCENTIVES AND EXTERNALITIES STI WORKING PAPER 2008/1 Information and Communication Technologies Michel J.G. van Eeten and Johannes M. Bauer English - Or. English JT03246705 Document complet disponible sur OLIS dans son format d'origine Complete document available on OLIS in its original format DSTI/DOC(2008)1 STI Working Paper Series The Working Paper series of the OECD Directorate for Science, Technology and Industry is designed to make available to a wider readership selected studies prepared by staff in the Directorate or by outside consultants working on OECD projects. The papers included in the series cover a broad range of issues, of both a technical and policy-analytical nature, in the areas of work of the DSTI. The Working Papers are generally available only in their original language – English or French – with a summary in the other. Comments on the papers are invited, and should be sent to the Directorate for Science, Technology and Industry, OECD, 2 rue André-Pascal, 75775 Paris Cedex 16, France. The opinions expressed in these papers are the sole responsibility of the author(s) and do not necessarily reflect those of the OECD or of the governments of its member countries.
    [Show full text]
  • John Bates Clark As a Pioneering Neoclassical Economist Thomas C
    “A Certain Rude Honesty”: John Bates Clark as a Pioneering Neoclassical Economist Thomas C. Leonard John Bates Clark (1847–1938), the most eminent American economist of a century ago, was, in his own day, caricatured as an apologist for laissez-faire capitalism (Veblen 1908).1 The caricature has shown stay- ing power, a measure, perhaps, of the relative paucity of scholarship on Clark and his work. Recent Clark research signals a welcome attempt at a more accurate portrait (Morgan 1994; Henry 1995; Persky 2000). But some revisionists would remake Clark the apologist for capital into Clark the Progressive exemplar. Robert Prasch (1998, 2000), for exam- ple, depicts Clark as a Progressive paragon, which groups him with the greatreformers of Progressive-Era politicaleconomy—Social Gospel- ers such as Richard T. Ely and his protégé John R. Commons, labor leg- islation activists such as Clark’s junior colleague Henry Rogers Seager Correspondence may be addressed to Thomas C. Leonard, Department of Economics, Fisher Hall, Princeton University, Princeton, NJ 08544; e-mail: [email protected]. I wish to ac- knowledge the gracious hospitality of Rolf Ohlsson and the Department of Economic History at Lund University, Lund, Sweden. This essay benefited from conversations with Benny Carls- son, the comments of Deirdre McCloskey and Bob Goldfarb, and the thoughtful criticisms of two anonymous referees. 1. All successful caricatures contain an element of truth, and Clark surely invited contro- versy when he argued thatworkers paid theirmarginal productgetwhatthey
    [Show full text]
  • Ahteg Technology Transfer and Cooperation
    CBD Distr. GENERAL UNEP/CBD/WS-Incentives/3/2 4 September 2009 ORIGINAL: ENGLISH INTERNATIONAL WORKSHOP ON THE REMOVAL AND MITIGATION OF PERVERSE, AND THE PROMOTION OF POSITIVE, INCENTIVE MEASURES Paris, 6–8 October 2009 Items 3 and 4 of the provisional agenda* ANALYSIS OF RELEVANT INFORMATION ON THE IMPACTS OF POSITIVE AND PERVERSE INCENTIVES Note by the Executive Secretary I. INTRODUCTION 1. In paragraph 6 of decision IX/6, on incentive measures, the Conference of the Parties requested the Executive Secretary to convene an international workshop on the removal and mitigation of perverse, and the promotion of positive, incentive measures, consisting of government-nominated practitioners with balanced regional representation, as well as experts from relevant organizations and stakeholders. The mandate of the workshop is: (a) To collect, exchange and analyse information, including case-studies on, good practices for, and lessons learned from, concrete and practical experiences in identifying and removing or mitigating perverse incentive measures, and in promoting positive incentive measures; and (b) To identify a limited number of good-practice cases from different regions, for consideration by the Subsidiary Body on Scientific, Technical and Technological Advice at a meeting prior to the tenth meeting of the Conference of the Parties, and for review by the Conference of the Parties at its tenth meeting. 2. In paragraph 7 of the same decision, the Conference of the Parties requested the Executive Secretary to compile and analyse relevant information, including analyses and studies from relevant international organizations, such as the Organisation for Economic Co-operation and Development (OECD), on the impacts of positive and perverse incentive measures, to disseminate this information through the clearing-house mechanism of the Convention, and to make it available to the workshop.
    [Show full text]
  • A Realist Synthesis of the Collation, Interpretation and Utilisation of Patient-Reported Outcome Measures Data to Improve Patient Care
    HEALTH SERVICES AND DELIVERY RESEARCH VOLUME 5 ISSUE 2 JANUARY 2017 ISSN 2050-4349 Functionality and feedback: a realist synthesis of the collation, interpretation and utilisation of patient-reported outcome measures data to improve patient care Joanne Greenhalgh, Sonia Dalkin, Kate Gooding, Elizabeth Gibbons, Judy Wright, David Meads, Nick Black, Jose Maria Valderas and Ray Pawson DOI 10.3310/hsdr05020 Functionality and feedback: a realist synthesis of the collation, interpretation and utilisation of patient-reported outcome measures data to improve patient care Joanne Greenhalgh,1* Sonia Dalkin,2 Kate Gooding,1 Elizabeth Gibbons,3 Judy Wright,1 David Meads,1 Nick Black,4 Jose Maria Valderas5 and Ray Pawson1 1School of Sociology and Social Policy, University of Leeds, Leeds, UK 2Department of Public Health, Northumbria University, Newcastle upon Tyne, UK 3Nuffield Department of Population Health, University of Oxford, Oxford, UK 4Department of Health Services Research and Policy, London School of Hygiene and Tropical Medicine, London, UK 5Institute of Health Research, University of Exeter, Exeter, UK *Corresponding author Declared competing interests of authors: none Disclaimer: This report contains transcripts of interviews from studies identified during the course of the research and contains language that may offend some readers. Published January 2017 DOI: 10.3310/hsdr05020 This report should be referenced as follows: Greenhalgh J, Dalkin S, Gooding K, Gibbons E, Wright J, Meads D, et al. Functionality and feedback: a realist synthesis of the collation, interpretation and utilisation of patient-reported outcome measures data to improve patient care. Health Serv Deliv Res 2017;5(2). Health Services and Delivery Research ISSN 2050-4349 (Print) ISSN 2050-4357 (Online) This journal is a member of and subscribes to the principles of the Committee on Publication Ethics (COPE) (www.publicationethics.org/).
    [Show full text]
  • The Productivity Commission's Executive Pay Inquiry: an Update on the Issues
    The Productivity Commission’s executive pay inquiry: an update on the issues* Gary Banks Chairman, Productivity Commission This inquiry came into being because of ‘sticker shock’ in the community about CEO pay and hefty payouts, at a time when company values have been plummeting and some firms have secured taxpayer funded assistance. There is also the G20’s view that executive remuneration practices encouraged excessive risk taking, and actively contributed to failure in the financial sector which triggered the global financial crisis. The depth of community concern was reflected in many of the early submissions we received, which describe executive remuneration and termination payments in terms such as unjustified, unfair, immoral, and obscene. In announcing the inquiry, the Government referred to such concerns, declaring: The Rudd Government is determined to ensure regulation of executive pay keeps pace with community expectations, particularly as job losses increase. While the unease about executive pay is palpable, understanding whether or how government could assuage it without causing even bigger problems is not straightforward. That the Commission has been given the task — with nine months to investigate and analyse the issues — demonstrates that the Government is well aware of the risks of hasty intervention in this area. Like them or loathe them, large public companies and the executives who run them, play an integral role in the overall performance of the Australian economy, and any regulatory changes would need to avoid ‘throwing out the baby with the bathwater’. Central to the Commission’s modus operandi are its extensive consultations and the reliance on a public draft report to test preliminary findings and recommendations well before formulating a final report.
    [Show full text]
  • Health Law Section Summary Report on Healthcare Costs: Legal Issues, Barriers and Solutions
    Health Law Section Summary Report on Healthcare Costs: Legal Issues, Barriers and Solutions August, 2009 • lack of payer incentives to promote appropriate utilization Summary Report on Healthcare Costs: Legal Issues, Barriers and Solutions • legal barriers to changing a healthcare payment system that rewards utilization The costs of the healthcare system are an ever in- creasing drain on the federal budget, the economy, and • how a change in the law may be considered to on employers, particularly small employers. Total health allow “quality performance payment programs” spending in the United States is currently 16 percent of whereby hospitals may make payments to physi- gross domestic product (GDP), up from eight percent cians for improvement in measured quality or in 1975, and without changes, is projected to reach 25 sustained levels of quality 1 percent by 2025. Medicare and Medicaid comprise more • comparative effectiveness research and clini- than 25 percent of the federal budget. Medicaid alone cal practice guidelines’ role in preventing comprised approximately 22 percent of total state spend- overutilization, ing in fi scal 2007, with a projected spending growth rate of eight percent annually for the next decade, according • legal concerns of providers leading to high “list to a report released December 5, 2007 by the National prices” charged to the uninsured, and laws that cap Governors Association.2 Overall, states’ single largest charges by hospitals to the indigent expenditure for fi scal 2007 was healthcare, accounting for 3 • legal barriers to transparency/sharing of healthcare on average nearly one-third of state spending. providers’ charges for services Healthcare costs also have social and public policy • the role of statewide and regional health planning consequences.
    [Show full text]
  • American Predatory Lending and the Global Financial Crisis
    AMERICAN PREDATORY LENDING AND THE GLOBAL FINANCIAL CRISIS ORAL HISTORY PROJECT Interview with Arthur Wilmarth Bass Connections Duke University 2020 PREFACE The following Oral History is the result of a recorded interview with Arthur Wilmarth conducted by Andrew O’Shaughnessy on August 11, 2020. This interview is part of the Bass Connections American Predatory Lending and the Global Financial Crisis Project. Readers are asked to bear in mind that they are reading a transcript of spoken word, rather than written prose. The transcript has been reviewed and approved by the interviewee. Wilmarth - 1 Transcriber: Patrick Rochelle Session: 1 Interviewee: Arthur Wilmarth Location: By Zoom Interviewer: Andrew O’Shaughnessy Date: August 11, 2020 Andrew O’Shaughnessy: My name is Andrew O'Shaughnessy. I am a JD candidate at the Duke University School of Law. I am also a research assistant for the Global Financial Market Center’s American Predatory Lending project. It is Tuesday, August 11th, 2020. I am speaking remotely with professor Arthur Wilmarth to conduct an oral history interview. Professor Wilmarth. Thank you for joining me today. Arthur Wilmarth: Well, thank you for inviting me. It's a pleasure. Andrew O’Shaughnessy: We'd like to start by establishing a little bit about your background. So, I understand you got your bachelor's from Yale and your JD from Harvard. So what led you from law school to the faculty at GW? Arthur Wilmarth: Well, I graduated from Harvard in ‘75 and joined a Washington law firm to practice there for four years, with [an intervening period] of several months working as … an exchange lawyer with a firm of solicitors in London.
    [Show full text]
  • Precipice Regulations and Perverse Incentives: Comparing Historic Preservation Designation and Endangered Species Listing
    Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2015 Precipice Regulations and Perverse Incentives: Comparing Historic Preservation Designation and Endangered Species Listing J. Peter Byrne Georgetown University Law Center, [email protected] This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/1494 http://ssrn.com/abstract=2628236 27 Geo. Int'l Envtl. L. Rev. 343-392 (2015) This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the Animal Law Commons, Constitutional Law Commons, Historic Preservation and Conservation Commons, and the Housing Law Commons ARTICLES Precipice Regulations and Perverse Incentives: Comparing Historic Preservation Designation and Endangered Species Listing J. PETER BYRNE* TABLE OF CONTENTS Introduction............................................... 343 I. Scheduling Resources for Protection: Designation and Listing........ 347 A. Historic Preservation ............................... 348 B. Endangered Species ................................ 354 C. Similarities Between Designation and Listing ............... 358 II. Procedural Fixes...................................... 362 A. Reaching Back ................................... 363 B. Staying Designation or Listing ......................... 369 C. Retroactive Liability................................ 377 D. Lack of Enforcement ..............................
    [Show full text]