Water is a scarce and finite resource with no substitute, and upon which the very existence of life on earth depends. The challenges facing water resources are daunting. The Millennium Development Goals aim, inter alia, at reducing by half, by 2015, the proportion of people without sustainable access to safe drinking water and sanitation. Although progress thus far is not encouraging, it is hoped that necessary actions will be taken to achieve this goal during the remaining period. Such actions include financial, institutional, and legal measures. Indeed, without the appropriate legal framework, the ability of the state to regulate, control, and allocate its water resources is hampered; its role in ensuring their efficient and proper use is hindered; and its right to protect those resources is challenged. This study of the regulatory frameworks for water resources management examines water legislation in sixteen jurisdictions, and highlights, in a comparative manner, the key elements needed for an effective regulatory framework. Chapter 1 traces the relevance and importance assigned to water legislation by the different international conferences and forums...

This paper examines legal and regulatory measures that can be taken to promote access to the primary market in emerging market economies. While capital market development depends on many factors including, primarily, a favorable macroeconomic environment, an appropriately designed and effective legal and regulatory framework can help to encourage market growth and to increase access to finance for all companies, including small- and medium-sized enterprises. In this paper we identify the basic necessities that underpin a regulatory regime that is cost effective and strikes an appropriate balance between, on the one hand, laws and regulations that may be too restrictive to achieve a supply of capital and, on the other, those that may be so relaxed that investors feel that there is an unacceptable level of risk and do not care to venture into the market. We explore the legal foundations for the successful operation of a primary market for securities and identify disclosure and effective monitoring and enforcement as essential elements of legal protection. We then examine different legal and regulatory approaches for improving access to finance. We discuss measures that can be used by traditional stock exchanges to attract smaller enterprises to their lists as well as recent initiatives to create second boards or divide the main board into different market segments. We also discuss different mechanisms for companies to raise funds outside of a formal stock market listing...

Every year oil producers flare and vent gas equivalent to the combined gas consumption of Central and South America. Africa flares and vents gas equivalent to half its power consumption. To reduce this practice, governments need to develop and enforce an appropriate legal and regulatory framework. They need to reform the gas market, getting rid of subsidies for competing fuels and making room for private operators to develop gas infrastructure. And they need to avoid tax and royalty systems that discourage operators from using the gas associated with oil production.

In the transition from state-owned monopolies to privately led and increasingly competitive market structures in telecommunications, poor performance of regulatory agencies limits the benefits of reform. This Note proposes measures for establishing a regulatory framework that enables better sector performance even when a full-fledged regulatory agency is lacking. These measures reduce the need for agency decisions -- for example, by prepackaging rules and accelerating competition. They enhance the credibility of regulation -- for example, by locking in principles through international agreements. And they generate maximum impact from scarce professional and financial resources by using them effectively -- such as by contracting out functions and creating multisectoral or regional agencies.

An earlier Policy Research Working Paper (Hennie van Greuning, Joselito Gallardo, and Bikki Randhawa, "A Framework for Regulating Microfinance Institutions," WPS 2061, February 1999) presented a regulatory framework that identifies thresholds in financial intermediation activities that trigger a requirement for a microfinance institution to satisfy external or mandatory guidelines-a tiered approach to regulation and prudential supervision. The model focuses on risk-taking activities of microfinance institutions that must be managed and prudentially regulated. The author reports on the results of the field testing and assessment of the tiered approach, focusing on the experience of Ghana and the Philippines. The two countries both have a wide range of informal, semi-formal, and formal institutions providing financial services to the poor, but differ in how they regulate financial intermediation activities by microfinance providers. In his assessment and a comparative analysis, the author focuses on key issues in the regulatory and supervisory environment for microfinance-and in the legal system and judicial processes-being addressed by government authorities and microfinance stakeholders in both countries. He gives particular attention to the thresholds at which intermediation activities become subject to prudential regulation and regulatory standards for capitalization and capital adequacy...

Mobile banking services offer great potential to expand financial services, particularly payment services, to the poor. They also provide a convenient and cost effective way to access bank accounts. This paper constitutes a first attempt to explain statistically what factors contribute to mobile banking usage, with a particular focus on the regulatory framework. The authors construct an index that measures the existence of laws and regulation that support mobile banking activity for 35 countries. Using variations in regulatory environments across these countries and armed with newly released data on mobile banking usage by approximately 37,000 individuals in these 35 countries, the paper sheds light on the importance of laws and regulation in supporting mobile banking. The analysis finds that a supporting regulatory framework is associated with higher usage of mobile banking for the general population as well as for the unbanked.

As a result of a determined regulatory reform process and an economic modernization process over the past two decades, Cambodia has experienced extraordinary economic growth. In 2004, Cambodia became the first low-income country to join the World Trade Organization (WTO). Since then, Cambodia has grown to become one of East Asia s most open economies, especially in the services sector. Cambodia s impressive economic growth owes much of its driving force to the boom in services trade. Services exports grew more than 20 percent a year for most of the past decade led by a rapid expansion in tourism. Foreign direct investment (FDI) particularly in tourism, construction, infrastructure, agro-processing, and telecommunications also supported the expansion of services trade, not only by attracting foreign capital and expanding employment into Cambodia, but also by improving domestic technology and enhancing domestic skills. Cambodia is quickly becoming a sophisticated economy that needs to move beyond the pillars of textiles and tourism exports by diversifying into the export of modern services. Cambodian firms are already tentatively exporting some niche services such as computer-based animation. Modern services exports to other East Asian countries...

Over the past few years, Microfinance Institutions (MFIs) in Iraq have emerged as credible sources of financing for low-income households and entrepreneurs, both underserved by conventional banks. Microfinance services in Iraq, however, are still nascent and far from meeting their full potential. Similar to many countries in the MENA region, MFIs in Iraq were set up as non-governmental organizations (NGOs) supported by a steady influx of donor funding. While these NGOs were initially able to grow through donor support, they are now struggling to meet increasing client demand as donor resources have dwindled, preventing them from making the necessary investments in capital and infrastructure to meet growing client demand. Many countries address this funding challenge by allowing institutions to provide financial services as companies or banks, helping them raise capital, provide new services, and increase their outreach in a sustainable manner. A similar path could be envisioned in Iraq, but is currently obstructed by regulatory hurdles. This diagnostic report aims to present and assess the current microfinance landscape in Iraq...

The regulatory framework for the Australian university has brought about a radical transformation of the Australian university. The changes to the framework shifted the burden for resourcing from government to students and introduced a wide variety of competition based regulatory instruments. The Australian university has been successful in generating these resources, primarily from selling education to international students and has become a world-leader in the export of higher education. However, the other effects of the regulatory changes have been less positive. The thesis seeks to evaluate the regulatory change from the perspective of regulatory coherence. That is, rather than political or economic evaluations, the thesis examines the regulation from a legal, mechanical perspective. The changes to the regulation reflect a broader societal shift from the welfare state to the regulatory state. For regulation to be successful it must be coherent within itself including taking adequate account of the extant institutions and social arrangements. This thesis provides a coherence analysis of the regulation. It is composed of eight chapters. After the introductory chapter, the thesis commences with a chapter reviewing regulatory theory and developing a theory of regulatory coherence. This theory is a new theory which facilitates a focus on the mechanical aspects of the regulation. The next chapter develops the analysis by examining the regulatory framework. This part of the thesis provides detailed analysis of the regulation...

This study for 'reform of the regulatory framework, spectrum aspects' is a continuation of various earlier studies done in 2005 like: sector overview and key input to spectrum policy; refarming the mobile spectrum, migration of users; and spectrum management and monitoring, options and issues study. These studies are still valid and a lot of additional background information can be found in these earlier reports. In this study the focus will be more towards the actual steps necessary to realise the reform of regulatory framework. Also new spectrum measurements have been performed to verify the continued validity of the earlier measurements and to detect any major changes in actual spectrum usage.

The paper identifies the key elements of the regulatory environment for business in Bulgaria, to serve as a research guide, while recognizing that the rapid development of new legislative, and regulatory procedures, are greatly needed, largely to meet the European Union's (EU) legal, and regulatory standards. It describes business creation, with the Commercial Code providing much of the central, comprehensive regulation. Also, another route for business creation in the private sector has been offered through the privatization process of state-owned assets, and, the use of concessions can also be viewed as another route to the creation of private business. However, and although concession legislation sets an overall framework of reasonable adequacy, reports from practitioners in the marketplace reveal much remains to be done to forward this agenda. In regulating corporate operations, the stake of shareholders in the formation of corporate policy, reflects shared participation in the corporate capital base; thus to engender confidence in corporate management standards...

This report develops an assessment framework and decision-making tool that, it is hoped, will facilitate evaluations of the effectiveness of telecommunications regulators in sub-Saharan Africa by the regulators themselves, World Bank staff, other institutions and their consultants. The assessment framework has been developed as part of a larger study in which the framework was developed and then applied in three sub-Saharan African countries, Mauritania, Uganda and South Africa. The individual country assessments are attached to this report as appendices. In the context of this framework, the adoption of a broad and dynamic definition of effectiveness or regulatory efficiency encompasses both the legal and regulatory framework design and the extent to which it has affected the regulator's influence on the sector, as well as the implementation of the framework, regulatory practice, the regulatory decisions taken and their outcomes. The structure of the report is as follows. Section 2 sets out the rationale for using the analytical framework. Section 3 explains the framework's logic and the assessment's role in it. A step-by-step instruction guide to conducting assessments can be found in Section 4. Background material for conducting assessments is laid out in the following three sections: section 5 contains the normative reference point of the assessment; section 6 covers the background data required together with the detailed questionnaire to be used by the evaluator; section 7...

The authors investigate the microfinance regulatory regimes in Benin, Ghana, and Tanzania, with a view to identifying key issues and lessons on how the overall regulatory framework affects integration of microfinance institutions into the financial system. The authors find that recognizing different tiers of both regulated and unregulated institutions in a financial structure facilitates financial deepening and outreach to otherwise underserved groups in urban and rural areas. That environment promotes sustainable microfinance under shared performance standards and encourages regulatory authorities to develop appropriate prudential regulations and staff capacity. Case studies of the three countries raise important issues on promoting microfinance development vis-à-vis regulating them. Laws to regulate activities other than intermediation of public deposits into loans can result in disproportionately restrictive and unmanageable standards, even as dynamic microfinance sectors have emerged without conducive regulatory regimes. The authors use the three countries' regulatory experiences to highlight the importance of differentiating when prudential supervision is warranted and when regulatory oversight suffices, and to identify the agencies to carry out regulation. They address an important issue that has received scant attention...

This report reviews the Indonesian legal and regulatory framework that might support or obstruct the promotion of alternative mechanisms of service delivery (AMSD). AMSD, as it has been translated in Indonesian, is a term used especially in Canada to describe an array of strategies and tools that government can use to deliver services in "not the normal way'. 'Alternative' is used in the sense of 'alternative lifestyle" or 'not traditional'. The objectives of the project in relation to promoting AMSD within regional governments are: i) assistance to government in the rationalization of different institutional arrangements for the delivery of sub-national public services; and ii) aid in the development and implementation of new (contracting) methods for service delivery. The report aims to describe the current proximate legal and regulatory framework within which the eight strategies work. The report provides the basis for understanding where the strategies already have 'support' and where the framework needs improving or additions.

This report reviews the Indonesian legal and regulatory framework that might support or obstruct the promotion of alternative mechanisms of service delivery (AMSD). AMSD, as it has been translated in Indonesian, is a term used especially in Canada to describe an array of strategies and tools that government can use to deliver services in "not the normal way'. 'Alternative' is used in the sense of 'alternative lifestyle" or 'not traditional'. The objectives of the project in relation to promoting AMSD within regional governments are: i) assistance to government in the rationalization of different institutional arrangements for the delivery of sub-national public services; and ii) aid in the development and implementation of new (contracting) methods for service delivery. The report aims to describe the current proximate legal and regulatory framework within which the eight strategies work. The report provides the basis for understanding where the strategies already have 'support' and where the framework needs improving or additions.

This regional forum aims at sharing knowledge and generating policy dialogue among relevant remittance stakeholders to enhance the efficiency and integrity of the migration and remittance transfer process, through effective regulatory and supervisory systems in the Caribbean region. It allows multiple countries to share their experiences, identify common challenges, learn from each others' experiences and discuss potential solutions to these challenges. The forum will also provide opportunities for networking. The past discussions on remittances and migration in the Caribbean focused largely on issues related to the Caribbean Diaspora, such as the brain-drain syndrome, the macroeconomic impact of remittances, the use of remittances for investment purposes, overall remittance patterns and trends, and remittance data collection and monitoring issues. In recent years, however, the regulatory framework for Remittance Service Providers (RSPs) has been introduced or substantially enhanced in many countries, triggered by the need to address money laundering and terrorist financing concerns. This forum focuses the discussion on regulatory practices within and outside the Caribbean region with a view to share best practices and lessons learned.

This document is designed to promote the development of infrastructure services in Honduras, with the aim of improving the country's competitiveness and contributing to poverty reduction. Its central argument is that Honduras needs a significant increase in private investment in infrastructure services, which should take place in a more competitive environment, and be subject to an adequate legal and regulatory framework. The study details the progress to date in Honduran infrastructure sectors, identifying the principal problems that exist and outlining a strategy for their solution. It proposes a general set of principles that should guide the provision of infrastructure services. In addition, it recommends specific policies for each sector. The document's scope includes the following services: transportation, water and sanitation, electricity, and telecommunications. Part 1 presents an overview of general themes related to the development of infrastructure services and to private participation in all the sub-sectors. Part 2 presents an analysis of the current situation of the four infrastructure services covered in this study. One of the major recommendations is the need to establish participative and transparent planning...

The government of Argentina and the World Bank desire to improve the efficiency and results of the environmental and social outcomes of jointly financed development projects. As part of a workshop in November 2010 attended by officials of the Ministry of Economy and Public Finance of Argentina, World Bank staff, and representatives of implementing units of projects being co-financed by the Bank, several issues with regard to the implementation of the World Bank safeguard policies and the existing Argentine environmental and social management regulatory frameworks were identified. The workshop agreed to conduct a technical study of the regulatory consistency between the Bank safeguard policies and Argentina s environmental and social legislation to serve as a vehicle for dialogue between the Bank and the government of Argentina in order to strengthen joint strategies that address environmental and social issues in development projects. The technical study involved the following (and the corresponding report section): comparison between the principles of eight of the World Bank safeguard Operational Policies (OPs) and the national and provincial regulatory frameworks in force...

The oil and gas potential of Vietnam's continental shelf remains relatively unexplored compared with that of its neighbors, including China, Indonesia, Malaysia, and Thailand. A number of factors affect the decision to undertake petroleum investments: geology, geography, geopolitics, and investment climate. Host governments cannot control the first three factors. However, they do control the investment climate, and the legal and contractual framework and the petroleum fiscal system are key factors to be considered in the competition among governments for access to investment capital. Despite intense efforts to attract international oil companies to explore the country's sedimentary basins, including incentive terms contained in a 1998 decision of the prime minister, drilling activity has remained modest in recent years. The government requested technical assistance from ESMAP for revision of its petroleum legal regime so that it might become a modern legal and regulatory framework for the petroleum sector and attract foreign investment to develop its hydrocarbon reserves. The project team evaluated and identified international best practice in the areas of petroleum regimes to develop its recommendations to Vietnam. They recommended strengthening of the legal...

Desde os anos 1980, em resposta aos desafios trazidos pelas doenças raras, alguns países desenvolvidos vêm estabelecendo quadros regulatórios. Os países em desenvolvimento devem fazer o mesmo? Este artigo argumenta que a limitação de recursos de um país em desenvolvimento, embora seja um fator importante para se considerar cuidadosamente a distribuição dos gastos com saúde, não pode ser uma desculpa para negar a necessidade de uma regulamentação. O trabalho apresenta argumentos legais e políticos para o estabelecimento de tal regulação nos países em desenvolvimento. Também relata os recentes esforços legislativos para o cuidado das doenças raras por parte das autoridades locais chinesas, explica as razões para a adoção de uma nova definição de doenças raras e elabora os segmentos necessários dentro de um contexto integrado, racional e adequado à China para o cuidado dessas enfermidades.; In response to the challenges posed by rare diseases, some developed countries have set up regulatory frameworks since 1980s. Should developing countries follow suit? This article argues that the limited resources of a developing country, although a major factor for carefully considering just distribution of health spending...