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Governments are facing an increasing number of arbitration claims by foreign investors relating to important public policies or seeking substantial damages, and many governments are taking a greater joint interest in how such cases are resolved in investor-state dispute settlement (ISDS). This scoping paper has supported inter-governmental dialogue about ISDS at several OECD-hosted investment Roundtable meetings. Part I compares ISDS with other international and domestic processes for resolving disputes including the WTO and European Court of Human Rights, and considers how ISDS may affect domestic policy making processes. Part II examines eight current and emerging issues in ISDS: (i) investors’ access to justice; (ii) the costs of ISDS cases; (iii) remedies for foreign investors under investment treaties and their possible impact on a level playing field for domestic and foreign investors; (iv) the enforcement and execution of ISDS awards; (v) third party financing of ISDS; (vi) the characteristics, selection and regulation of arbitrators in ISDS; (vii) forum shopping and treaty shopping by investors; and (viii) the question of the consistency of decision-making in ISDS. Part III outlines key findings from a statistical survey of ISDS provisions in 1,660 bilateral investment treaties. Public comment on this paper, including 46 investment policy questions (as outlined in the paper), was obtained in May-July 2012 and is available on the OECD website.
We estimate the business-cycles of G7 countries, as defined by an ideal 2-10 year bandpass filter applied to country-specific GDP target series (GDP-BP). Since this target series cannot be observed in real-time, due to the symmetry of the bandpass filter, we analyze and compare the leading performances of the well-known HP-filter, as currently implemented in the OECD CLI’s, as well as of the Multivariate Direct Filter Approach (MDFA) relying on explanatory time series, as selected for current CLIs. The paper shows that efficiency gains by MDFA over HP are substantial along the full revision-sequence and they are consistent across countries as well as over time, when referenced against GDP-BP.
American driving habits are changing. After decades of steady increases in the amount of driving, the number of vehicles, and the extent of licensed drivers, there now appears to be a shift. The growth is clearly leveling off, and dropping on a per capita basis, even at a time when a vast array of public policies continue to support and encourage driving. Perhaps even more amazing are total aggregate declines in some recent years coupled with drops in licensing, trips, and vehicle purchases. However, this phenomenon is still not well known. When they are recognized, these individual trends are either largely dismissed as economic factors caused by the global recession and stubbornly high unemployment rate. While there is little doubt that the sputtering US economy has major impact, emerging research suggests the changes in US driving habits are also the result of a long-term structural change reflective of a host of shifts in demographics, culture, technology, as well as settlement patterns in US metropolitan areas. A set of public policies also plays a key role. This paper explores those macro forces through an analysis driving trends, a review of existing literature, and discussion what is likely behind these trends as well as implications for public policy.
In 2004, the OECD launched a collaborative project with the UNESCO Institute for Statistics and Eurostat aimed at developing internationally comparable indicators on the labour market, career path and mobility of doctorate holders. This paper presents the third edition of the technical guidelines used in the framework of the Careers of Doctorate Holders (CDH) project. The technical guidelines are composed of: i) the methodological guidelines; ii) a core model questionnaire and instruction manual; and iii) the output tables used for reporting data at the international level and related definitions. This edition builds on the experience resulting from the two first large scale data collections, which were based on the previous editions of the technical guidelines released in 2007 and 2010. In addition to a number of basic adjustments, it proposes improvements in the wording of the survey questions as well as new ways to measure competencies and skills of doctorate holders both at the time of their advanced research degree completion and in their current employment.

Managing the ageing of fuel cycle facilities (FCFs) means, as for other nuclear installations, ensuring the availability of required safety functions throughout their service life while taking into account the changes that occur with time and use. This technical opinion paper identifies a set of good practices by benchmarking strategies and good practices on coping with physical ageing and obsolescence from the facility design stage until decommissioning. It should be of particular interest to nuclear safety regulators, fuel cycle facilities operators and fuel cycle researchers.

The London Apprenticeship Campaign was launched in 2010 to boost the number of apprentices in London. It was developed as part of an ongoing policy focus to tackle long-standing skill shortfalls in the city, shortages which have been constraining employment, social opportunity and productivity. A critical element was to establish more apprenticeship frameworks outside traditional sectors and in growth sectors dominating the local economy. A remarkable innovation in the campaign has been supplementing the supply-side approach with a demand-side policy by working to engage more private sector employers, while also ensuring a strong public sector commitment. Germany has one of the most successful apprenticeship models internationally and can provide good learning lessons for London on putting in place effective apprenticeship approaches at national, regional and local level.
This paper looks at a study carried out among 80 small and medium sized enterprises (SMEs) in two Canadian cities, Montréal and Winnipeg, based on a survey and case studies, which show the importance of innovation among Canadian SMEs. These innovations in turn create new demands for skill development, both through formal training and in informal activities. The outcomes of the study show two significant trends. First, an uneven development of learning activities among SMEs is related not only to the size of firms, but also to their orientation towards innovation and shared productivity measures. Second, because they do not have enough internal resources and flexibility to drive productivity growth through learning and training by themselves, SMEs need some form of group based mechanisms to solve this structural problem. However, it is noted that participation of unskilled employees in both formal and informal learning remains an important challenge for the great majority of SMEs.
Entrepreneurship and the development of Small and Medium-Sized Enterprises (SMEs) are key drivers of economic growth and job creation. The OECD review series on Boosting Local Entrepreneurship and Enterprise Creation, of which this study is a part, examines the capacity of local economies to support successful new enterprise creation and the growth of small enterprises and make recommendations on how this capacity can be enhanced through local policies. The reviews entail an assessment of entrepreneurship and SME performance at the local level, the local framework conditions affecting this performance and the policies in place to back entrepreneurship and SME development. The reviews involve a comprehensive examination of conditions and policies including the key domains of skills, financing, business support infrastructure and innovation. In the case of Lombardy, the economically most powerful region of Italy, the review includes a specific assessment of local entrepreneurship policies against the framework of the European Union’s Small Business Act (SBA). The SBA prioritises the role of business-friendly regulations for the creation of new start-ups and the development of existing small enterprises. SMEs and their clusters constitute the backbone of Lombardy economical structure. In such a context and given the impact of the persisting current financial and economic downturn, supporting the development of innovative SME and their networks is a priority for addressing the recovery challenge.
This report provides an overview of existing data and statistics in the fields of information security, privacy and the protection of children online. It highlights the potential for the development of better indicators in these respective fields showing in particular that there is an underexploited wealth of empirical data that, if mined and made comparable, will enrich the current evidence base for policy making. Such indicators would help identify areas where policy interventions are most clearly warranted, and can provide guidance on designing policy interventions and determining their effectiveness.
This working paper offers an evaluation of the performance of the port of Marseille-Fos, an analysis of the impact of the port on its territory and an assessment of policies and governance in this field. It examines declining port performance over the last decades and identifies the principal factors that have contributed to it. The effect of the ports on economic and environmental questions is studied and quantified where possible. The value added of the port cluster of Marseille-Fos is calculated and its interlinkages with other economic sectors and other regions in France delineated. The paper outlines the impact of the ports? operations, and shows how their activities spill over into other regions than the one in which the port of Marseille-Fos is located. The major policies governing the ports are assessed, along with policies governing transport and economic development, the environment and spatial planning. These include measures instituted by the port authorities, as well as by local, regional and national governments. Governance mechanisms at these different levels are described and analysed. Based on the report?s findings, recommendations are proposed with a view to improving port performance and increasing the positive effects of the port of Marseille-Fos on its territory.
French
  • 19 Dec 2012
  • Olaf Merk, Claude Comtois
  • Pages: 69
Ce document de travail propose une évaluation de la performance du port de Marseille-Fos, une analyse de l?impact de ce port sur son territoire et une appréciation des politiques et de la gouvernance dans ce domaine. Il fait le constat du caractère déclinant de la performance portuaire au cours des dernières décennies et identifie les principaux déterminants de ce phénomène. Les différents impacts du port (en termes économiques et environnementaux) sont identifiés et quantifiés lorsque c?est possible. La valeur ajoutée du cluster portuaire du Marseille-Fos a été calculée et ses interconnexions avec d?autres secteurs économiques et d?autres régions de France ont été identifiées. Le rapport montre divers impacts du port, mais indique que beaucoup de ces impacts ont des retombées dans une autre région que celle dans laquelle le port de Marseille-Fos est situé. Les principales politiques à l?égard du port, des transports, du développement économique, ainsi que de l?environnement et de l?aménagement du territoire ont été évaluées. Cela inclut les politiques à l?échelle des autorités portuaires et aux échelles locales, régionales et nationales. Les mécanismes de gouvernance à ces différents niveaux sont décrits et analysés. A partir de l?analyse de ce rapport, des recommandations sont formulées afin d?améliorer la performance portuaire et d?augmenter l?impact positif du port de Marseille-Fos sur son territoire.
English

This article looks at various aspects of fiscal consolidation in 18 OECD economies. The prospects for fiscal consolidation depend upon the problems a country may face with its debt stock, the political will to deal with these problems and on the costs of consolidation. These costs are a function of the impacts of fiscal policy on the economy, which is the focus of this study. The analysis is based on a series of simulations using the National Institute Global Econometric Model, NiGEM. Fiscal multipliers differ across countries because the structure and behaviour of economies differ. They also differ within countries, depending on factors such as the fiscal instrument implemented, the policy response to fiscal innovations, and expectation formation by economic agents. The purpose of this study is to allow an assessment of the likely impact on the economy and on the fiscal position of consolidation programmes.We decompose the key factors that determine the size of the multiplier by changing them one at a time. Even under a specified set of assumptions, the outturn for the budget balance retains a high degree of uncertainty. We illustrate this uncertainty by calibrating probability bounds around projected debt profiles. This can allow an assessment of the probability of achieving specified fiscal targets, such as those set out in the European Union’s new Fiscal Compact.

Viewers are watching a growing share of video via Internet-based distribution systems. New digital content distribution services are having appreciable impacts on established media industries and network service providers in many OECD countries. The competitive landscape in media, already complex, will become even more multifaceted. Public policy frameworks in the media and telecommunications sector must be reviewed in light of these developments. This paper argues that convergence should be taken as the rule, rather than the exception. Careful application of best practices can address most policy concerns.
This study uses exploratory data analysis techniques to develop typologies of innovation modes or strategies for groups of firms. Analysing micro-level survey data from 18 countries we identify five innovation modes. The coherence and relevance of the innovation modes is tested by using them as explanatory factors in equations explaining economic performance. In most countries one or more innovation modes are positively associated with labour productivity. However, there is no consistent cross-country pattern as to which modes show significant associations with productivity. Even if common innovation patterns have been identified, there is no ‘single’ mode or form of innovation across countries that underlies the overall impact of innovation and there appear to be major national differences in patterns of competitive and comparative advantage with respect to levels of productivity as well as growth in turnover and employment. Importantly, sectoral innovation orientations are embedded in national systems, as well as exhibiting a degree of convergence at sectoral level.
Investor-State dispute settlement mechanisms (ISDS) are an important component of most International Investment Agreements (IIAs) and have significant influence on how disputes between States and investors are resolved.

This statistical survey of a large sample of 1,660 bilateral investment treaties (BITs) identifies the main parameters of ISDS regulation in BITs; traces their emergence, frequency and dissemination over time; and highlights past and recent country-specific treaty practice. The survey finds among other things that many countries define the procedural framework thinly compared to advanced domestic procedural frameworks, despite a broad trend toward greater regulation in treaties of parameters of ISDS. Many treaties offer foreign investors a range of procedural choices, such as a choice between arbitration fora.

The survey also highlights the diversity that characterises the design of ISDS: over a thousand different combinations of rules regulating ISDS can be found in only 1,660 bilateral treaties –, with variation found both at editorial and substantial level. Differences in policy approaches between countries are the source of some of this variance, but it appears that much of it may not reflect differences in policy.

The study also found little evidence of general convergence of approaches towards regulating ISDS in BITs, or indeed much development in the BIT negotiating practice of a number of countries. A different approach, characterised by significantly more thorough ISDS regulation and pioneered by some countries, seems to spread increasingly in multilateral IIAs and more comprehensive treaties.

Germany committed itself to challenging greenhouse gas (GHG) emission reduction targets to 2020 and beyond. It has implemented a composite mix of policy measures to achieve its climate change mitigation goals, including a range of market-based instruments. These measures have helped reduce domestic GHG emissions, as well as achieve other policy objectives. However, they have generated multiple (explicit and implicit) carbon prices, which can reduce the overall cost-effectiveness of climate change mitigation policy. This paper examines the carbon prices that have emerged from the implementation of three key market-based instruments in Germany: energy taxes, vehicle taxes and the EU Emissions Trading System. It also reviews the use of feed-in tariffs to promote electricity generation from renewable sources, with a focus on the implied GHG abatement costs and the interactions with other environmental policy instruments. This Working Paper relates to the 2012 OECD Environmental Performance Review of Germany: http://www.oecd.org/environment/environmentalcountryreviews/oecdenvironmentalperformancereviewsge rmany2012.htm

A key feature of the Danish labour market is its so-called flexicurity, the coexistence of flexibility (low adjustment costs for both employers and employees) and security (owing to a developed social safety net with high coverage and high replacement ratios). This is often believed to have contributed to the resilience of the Danish labour market and especially to its ability to maintain a low and stable unemployment rate. The aim of this paper is to examine the performance of the flexicurity system and changes therein during the previous three decades, including the first years of the Great Recession. We carry out two types of analyses: at the levels of establishments and employees, respectively. First, we use linked employer-employee data for the private sector to examine how labour demand responds to output shocks by a study of firms’ labour adjustment behaviour during economic upturns and downturns. Second, based on the same data set we examine how the flexicurity system protects workers from income losses associated with job losses due to plant closures or major lay-offs. In particular, we are interested in how the transformation of the flexicurity system since the mid-nineties to increasingly emphasise activation and to reduce maximum unemployment benefit durations has changed employees’ security in case of displacement. We document large worker flows that exhibit strong cyclical variation giving rise to volatile unemployment dynamics. External flexibility of firms has remained unchanged for almost three decades. While we find no clear traces of trend changes in employers’ labour adjustment behaviour, we do find that income losses of displaced workers have declined over time, mainly due to their faster re-employment. Although it is still early days to conclude with certainty, there are so far no strong indications of the reemergence of unemployment hysteresis to the same extent as in previous recessions.
This paper examines the taxation of labour income in five key emerging economies: Brazil, China, India, Indonesia and South Africa (the “BIICS” countries). The paper highlights the key features of the taxation of labour income in these countries, and then uses this information to model the tax burdens on labour income in each country following the OECD's Taxing Wages methodology. Average and marginal tax wedges in Brazil and China (Shanghai) are found to be similar in size in 2010 to those of many OECD countries. In contrast, India, Indonesia and South Africa (as well as rural China) impose very low average and marginal tax wedges compared to the vast majority of OECD countries. These relatively low tax wedge results are not altogether surprising given that these countries also currently have lower tax-to-GDP ratios than the OECD average. However, the results suggest that, in the long-term, reforms will be necessary in most of the BIICS countries if the labour income base is to significantly contribute to funding the substantial increases in public expenditure, particularly on infrastructure and social insurance, that will inevitably come as these countries continue to grow.
This paper reviews the recent experience of Germany in encouraging innovation to reduce negative environmental impacts of economic activity. The essence of the German approach to policy-induced environmental innovation is discussed in the context of changing policy objectives, and illustrated with selected examples from waste management, renewable energy and transportation. The paper covers environmental and general innovation policies and the cross-cutting issue of policy co-ordination. Particular attention is paid to analysis of policies to promote renewable energy, including feed-in tariffs, and policies to promote advanced transportation.
There has been a strong interest in short-time work (STW) schemes during the global financial crisis. Using data for 23 OECD countries for the period 2004 Q1 to 2010 Q4, this paper analyses the quantitative effects of STW programmes on labour market outcomes by exploiting the country and time variation in STW take-up rates. The analysis takes account of differences in institutional settings across countries that might affect the relationship between labour market outcomes and output and also addresses the endogeneity of STW take-up with respect to labour market conditions. Moreover, special attention is given to the dynamic aspects of the relationship between output and labour market outcomes. The results indicate the STW raises hours flexibility by increasing the output elasticity of working time and helps to preserve jobs in the context of a recession by making employment and unemployment less elastic with respect to output. A key finding is that the timing of STW is crucial. While STW helped preserving a significant number of jobs during the crisis, its continued use during the recovery may have slowed the job-content of the recovery. By the end of 2010, the net effect of STW on employment was negligible or may even have become negative. However, the gross impact of STW on the number of jobs saved per quarter remains large and positive in the majority of countries.
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