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What ails the Pakistani polity? Since its emergence from the detritus of the British Indian Empire in 1947, it has witnessed four military coups (1958, 1969, 1978 and 1999), long periods of political instability and a persistent inability to consolidate democratic institutions. It also witnessed the loss of a significant portion of its territory (East Pakistan) in 1971 following the brutal suppression of an indigenous uprising in the aftermath of which some ten million individuals sough refuge in India. The flight of the refugees to India and the failure to reach a political resolution to the crisis precipitated Indian military intervention and culminated in the creation of the new state of Bangladesh.

Pakistan's inability to sustain a transition to democracy is especially puzzling given that India too emerged from the collapse of British rule in South Asia. In marked contrast to Pakistan, it has only experienced a brief bout of authoritarian rule (1975-1977) and has managed to consolidate democracy even though the quality of its democratic institutions and their performance may leave much to be desired.

A number of scholars have proffered important explanations for Pakistan's failure to make a successful transition to democracy. This essay will argue that all the extant explanations are, at best, partial and incomplete. It will then demonstrate that the roots of Pakistan's propensity toward authoritarianism must be sought in the ideology, organization and mobilization strategy of the movement for the creation of Pakistan.

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Šumit Ganguly
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Using new field-level and international survey evidence we highlight one channel via which weak legal institutions may lower Indian productivity and growth. We provide evidence that top executives in Indian firms are highly centralized and do not delegate functional responsibility and decision making to middle-management. Case-study evidence and large-scale firm surveys suggest executives fear that managers will misappropriate firm assets given the opportunity to do so, in part because the weak legal system is unlikely to successfully punish the culprits and recover the assets. As a result, firms' growth potential is limited because of the limited time and attention of the top executives. This can help explain why Indian firms are smaller on average than those in the US or Europe. It can also explain why there is less reallocation of capital and labor from low productivity to high productivity firms in India, since otherwise-successful firms find it harder to grow. As a result, weak legal institutions may play a potentially important role in reducing aggregate productivity and growth in India.

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Thomas C. Heller
Erik Jensen
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The significant increase in the role of international trade in the economic development of nations over the last few decades has been accompanied by a considerable increase in the number of commercial disputes as well. In India too, rapid globalization of the economy and the resulting increase in competition has led to an increase in commercial disputes. At the same time, however, the rate of industrial growth, modernization, and improvement of socio-economic circumstances has, in many instances, outpaced the rate of growth of dispute resolution mechanisms. In many parts of India, rapid development has meant increased caseloads for already overburdened courts, further leading to notoriously slow adjudication of commercial disputes. As a result, alternative dispute resolution mechanisms, including arbitration, have become more crucial for businesses operating in India as well as those doing businesses with Indian firms.

Keeping in mind the broader goal of exploring links between the quality of legal performance and economic growth, this paper is an attempt to critically evaluate arbitration in India as a legal institution. To this end, this paper presents an empirical inquiry into the state of arbitration, as well as a more theoretical examination of the political economy and arbitration as developed and practiced in India. In sum, although the huge influx of overseas commercial transactions spurred by the growth of the Indian economy has resulted in a significant increase of commercial disputes, arbitration practice has lagged behind. The present arbitration system in India is still plagued with many loopholes and shortcomings, and the quality of arbitration has not adequately developed as a quick and cost-effective mechanism for resolution of commercial disputes.

In this paper, the evolution of arbitration law and practice in India has been explored. Part I of this paper lays out the basics of arbitration in India, with a brief discussion of its history, the statutes that govern arbitration, the types of arbitration practiced, the enforcement of arbitral awards, and the costs of arbitration as compared to those of litigation. Part II explores the working of arbitration in India, while Part III is a critical analysis of the success of arbitration under the 1996 Act. Part IV briefly examines arbitration practice across regions, and the relationship between arbitration and commercial growth. Finally, Part V offers a series of recommendations for improving arbitration practice in India.

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The institutional context of economic activity in India has undergone tremendous change in the past 15 years. The Government of India's launch of market-based economic reforms in 1991 was a response to a macro-economic crisis emanating from a deficit in the balance of payments. The economic dynamism that ensued thereafter has surprised many observers. Though high economic growth rates have attracted the most attention, concurrent changes in economic institutions have been no less important. During the 1980s, the Indian economy was characterized by pervasive controls on all aspects of market- functioning of industrial enterprises-entry, capacity expansion, exit, pricing and distribution. During the initial phase of the reforms, policy attention focused on stabilization of the macro-economy. It would be fair to state that there was no coherent institutional road-map that Indian reformers had in mind when the process began. The overall policies were shaped by the "Washington Consensus" model. This meant focusing on reducing the fiscal deficit and downsizing the all-encompassing role of government in economy. The original intent of industrial and trade policies were abolition of controls and trade liberalization, and these were pursued vigorously. It was only during the mid-90s that institutional change relating to government-business relations came into the policy radar. The need for better regulation in several infrastructure sectors became apparent after the failure of efforts to disinvest in and to privatize some large public sector infrastructure enterprises. Policy makers began to refer to regulatory institution building and associated legislative enactments as "second-generation" reforms. Since then, there has been a steady focus on the institutional dimension-in particular with respect to the establishment of a number of regulatory institutions.

Our paper seeks to explain the ongoing process of regulatory evolution, and the crucial role of legal process. The institutional framework governing the regulation of business enterprises may well take a decade to attain mature stability. It is important to appreciate the fact that this process of institutional reform is not being driven by any particular political agenda. It has acquired a momentum of its own. Different political coalitions have ruled the Central government since 1991 without substantially reversing the direction of institutional evolution. This paper attempts to provide an explanation of the process of evolution of a regulatory framework. In this paper, we examine the case of the Indian telecommunications industry in detail, but we believe that our basic explanatory framework is valid more generally.

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Jay Taylor, former Director of Analysis for Asia and Pacific Affairs at the State Department and a staff member of the White House National Security Council for East Asia, is currently a Research Associate at the Fairbank Center for Chinese Studies at Harvard University. He obtained his MA in Far Eastern Studies from the University of Michigan and BA from Vanderbilt University. He is the author of The Generalissimo's Son: Chiang Ching-kuo and the Revolutions in China and Taiwan (Harvard, 2000), and The Generalissimo: Chiang Kai-shek and the Struggle for Modern China (Harvard, 2009). 

Taylor will give a talk on Chiang Kai-shek's role in modern and contemporary China. For historians, a new, balanced, more complex, and uniquely sourced examination of the life of Chiang Kai-shek may reshape the history of the rise of communism and the failure of democracy in China. For political scientists, it may suggest that the vision that drives China today is that of Chiang Kai-shek, not Mao Zedong.

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Stanford University

Jay Taylor Research Associate Speaker Fairbank Center for Chinese Studies, Harvard University
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Abstract
Improving the productivity of small farmers is essential for economic development in most poor countries.  Providing access to timely and relevant information could improve the opportunities available to farmers.  However, there are significant challenges related to literacy, infrastructure, access to technology and social, cultural, institutional and linguistic gaps between producers and consumers of knowledge.  The increased adoption of mobile phones is rapidly reducing the physical barriers of access.  Providing voice-based services via low-cost handsets could empower farmers to become producers as well as consumers of knowledge.  In this talk, I discuss several applications my students and I are developing to explore this potential.  Avaaj Otalo (Gujarati for "voice stoop") is the voice-based equivalent of an online discussion board. Farmers and agricultural experts call a toll-free line to ask questions, provide answers, and listen to each others questions, answers and experiences.  We conducted a six-month trial deployment of Avaaj Otalo with fifty farmers in Gujarat, India. Farmers found it useful to learn both from experts and other farmers, sharing advice on many topics - including the best time to sow fodder, recipes for organic pesticides, and homemade devices to scare away wild pigs at night. Digital ICS allows coffee cooperatives to monitor quality and organic certification requirements, and to be more responsive to farmers' needs.  Field inspectors use mobile phones to document growing conditions and record farmers questions and comments through a combination of text, audio and images.  In a six-month trial deployment, the system significantly reduced operational costs, saving the cooperative approximately $10,000 a year.  The cooperative also obtained richer feedback from its members, which can be used for targeting extension, improving decision-making and reaching out to consumers.  In both of these systems, voice provides not only an accessible interface to information, but a medium for aggregating and representing knowledge itself.  We found this approach more suitable for engaging communities more comfortable with oral forms of communication, for whom text and structured data represent significant barriers to expression.  Most importantly, we have found that rural communities have a deep desire to be "heard", and simply need the tools required to define and achieve "development" on their own terms.

Tapan Parikh's research focuses on the use of computing to support sustainable economic development across the World. I want to learn how to build appropriate, affordable information systems; systems that are accessible to end users, support learning and reinforce community efforts towards empowerment, economic development and sustainable use of natural resources. Some specific topics that I am interested in include human-computer interaction (HCI), mobile computing and information systems supporting microfinance, smallholder agriculture and global health

Summary of the Seminar
Tapan Parikh, of UC Berkeley School of Information, spoke about a number of projects that are using mobile phone based technology to give small businesses the information they need to improve productivity. He argued that voice technology has distinct advantages over text, because it overcomes challenges of illiteracy while responding to a strong need people feel to be heard. 

Information is key for economic development and empowerment. But information is worthless unless it is also useable (leads to decisions the business owner can actually take), trusted (comes from a source he respects) and relevant (speaks about the issues he is facing). For information to be really empowering, it must also be two way: there must be ways for individuals to create content themselves.

Tapan described three current projects he is involved in:

Hisaab: Microfinance groups in India often suffer from poor paper based record keeping, making it difficult for the group to track loans and repayments. The Hissab software was designed with an interface suitable for those who may be illiterate and/or new to computing. The use of voice commands and responses in the local language, Tamil, prevented the software from feeling remote and inaccessible and contributed to the success of this initiative. 

Avaaj Otalo: Agricultural extension workers provide advice to farmers on pests, new techniques etc to help improve yields. But often they have limited reach, visiting areas only rarely, or perhaps lacking the expertise to respond to all the problems they encounter. Avaaj Otalo is a system for farmers to access relevant and timely agricultural information over the phone. By dialing a phone number and navigating through simple audio prompts, farmers can record questions, respond to others, or access content published by agricultural experts and institutions. The service has been hugely popular, with farmers willing to spend time listening to large amounts of material to find what they want. The opportunity to be broadcast was a major attraction, reflecting the desire to be heard and to create media rather than be a passive consumer of it.

Digital ICS: Smallholders' compliance with organic, fair-trade and quality requirements is usually measured via paper based internal inspections. The data uncovered by these is vital but often lost. Digital ICS is a mobile phone based application that allows inspectors to fill out the survey digitally, enhance it with visual evidence (e.g. from camera phones) and upload it onto a web application. This is being piloted with coffee farmers in Mexico. A key finding from the work is that farmers want to know who ends up drinking their coffee, what they pay for it and what they think about it. Greater links between producers and consumers may therefore be another area for this project to investigate.  

Wallenberg Theater
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Tapan Parikh Assistant Professor Speaker University of California, Berkeley; affiliate in the Department of Computer Science at the University of Washington
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FrontlineSMS:Medic is a Palo Alto based tech nonprofit startup that began in early 2009 with several Stanford undergraduates and graduate students at the helm. The concept behind the group's software suite is simple: free intuitive mobile phone and computer applications built upon free and open source packages, such as OpenMRS and FrontlineSMS, to allow clinics and hospitals in the developing world to use mobile phones for healthcare services in resource poor settings. Their work has already broken rapidly out of their first pilot site in Malawi and now 2.2 million patients are being covered by their software in Uganda, Tanzania, Cameroon, Kenya, Burundi, Guatemala, Honduras, India and Bangladesh. Their service partners include Partners in Health, Clinton HIV/AIDS Initiative, and Village Health Works.

Lucky Gunasekara is currently a student in Stanford University's School of Medicine studying applications of information technology in global health. He graduated from Cornell University in 2006, with Distinction in All Subjects, holding a B.A. in Neurobiology and Behavior, and a minor in East Asian Studies. From 2006 to 2008, he lived in Japan, studying public health and foreign aid as a Fulbright Scholar and working in corporate Japan. He currently serves as the Managing Director of FrontlineSMS:Medic, which he co-founded with partners, Josh Nesbit, Isaac Holeman, and Nadim Mahmud in 2009.


 

Tom Wiltzius is a undergraduate in Stanford's Computer Science program studying systems. Tom's interest in ICT for development began with work in wireless mesh networking as a means of rapidly and cheaply deploying data infrastructure in unwired areas.  Projects with the Urbana-Champaign Wireless Network, South Africa's Meraka Institute, and the Stanford Information Networks Group all contributed to an understanding of mesh networking centered around applications for the developing world. Tom is currently working on a cost-sensitive, intuitive data collection tool designed for community healthcare workers in semi-connected rural environments as his senior thesis in conjunction with the FrontlineSMS:Medic project.

 

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Lucky Gunasekara Student, School of Medicine Speaker Stanford University
Tom Wiltzius Student, Computer Science Speaker Stanford University
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Philosophy, Politics, Democracy: Selected Essays, released Oct 2009 (by Joshua Cohen): Over the past twenty years, Joshua Cohen has explored the most controversial issues facing the American public: campaign finance and political equality, privacy rights and robust public debate, hate speech and pornography, and the capacity of democracies to address important practical problems. In this highly anticipated volume, Cohen draws on his work in these diverse topics to develop an argument about what he calls, following John Rawls, "democracy's public reason." He rejects the conventional idea that democratic politics is simply a contest for power, and that philosophical argument is disconnected from life. Political philosophy, he insists, is part of politics, and its job is to contribute to the public reasoning about what we ought to do.

When the People Speak: Deliberative Democracy and Public Consultation: All over the world, democratic reforms have brought power to the people, but under conditions where the people have little opportunity to think about the power that they exercise. In this book, James S. Fishkin combines a new theory of democracy with actual practice and shows how an idea that harks back to ancient Athens can be used to revive our modern democracies. The book outlines deliberative democracy projects conducted by the author with various collaborators in the United States, China, Britain, Denmark, Australia, Italy, Bulgaria, Northern Ireland, and in the entire European Union. These projects have resulted in the massive expansion of wind power in Texas, the building of sewage treatment plants in China, and greater mutual understanding between Catholics and Protestants in Northern Ireland. The book is accompanied by a DVD of "Europe in One Room" by Emmy Award-winning documentary makers Paladin Invision. The film recounts one of the most challenging deliberative democracy efforts with a scientific sample from 27 countries speaking 21 languages.

Coethnicity: Diversity and the Dilemmas of Collective Action, released Aug 2009 (edited by James Habyarimana, Macartan Humphreys, Daniel N. Posner, Jeremy M. Weinstein): Ethnically homogenous communities often do a better job than diverse communities of producing public goods such as satisfactory schools and health care, adequate sanitation, and low levels of crime. Coethnicity reports the results of a landmark study that aimed to find out why diversity has this cooperation-undermining effect. The study, conducted in a neighborhood of Kampala, Uganda, notable for both its high levels of diversity and low levels of public goods provision, hones in on the mechanisms that might account for the difficulties diverse societies often face in trying to act collectively. Research on ethnic diversity typically draws on either experimental research or field work. Coethnicity does both. By taking the crucial step from observation to experimentation, this study marks a major breakthrough in the study of ethnic diversity.

Political Liberalization in the Persian Gulf: The countries of the Persian (or Arab) Gulf produce about thirty percent of the planet's oil and keep around fifty-five percent of its reserves underground. The stability of the region's autocratic regimes, therefore, is crucial for those who wish to anchor the world's economic and political future. Yet despite its reputation as a region trapped by tradition, the Persian Gulf has taken slow steps toward political liberalization. The question now is whether this trend is part of an inexorable drive toward democratization or simply a means for autocratic regimes to consolidate and legitimize their rule. In this volume, Joshua Teitelbaum addresses the push toward political liberalization in the Persian Gulf and its implications for the future, tracking eight states as they respond to the challenges of increased wealth and education, a developing middle class, external pressures from international actors, and competing social and political groups.

Promoting Democracy and the Rule of Law: American and European Strategies, released Aug 2009 (edited by Amichai Magen, Thomas Risse, and Michael A. McFaul): European and American experts systematically compare US and EU strategies to promote democracy around the world -- from the Middle East and the Mediterranean, to Latin America, the former Soviet bloc, and Southeast Asia. In doing so, the authors debunk the pernicious myth that there exists a transatlantic divide over democracy promotion.

Democracy and Authoritarianism in the Postcommunist World, ships Dec 2009 (edited by Valerie Bunce, Michael A. McFaul, Kathryn Stoner): This volume brings together a distinguished group of scholars working on Eastern Europe and the former Soviet Union to examine in depth three waves of democratic change that took place in eleven different former Communist nations. The essays draw important conclusions about the rise, development, and breakdown of both democracy and dictatorship in each country and together provide a rich comparative perspective on the post-Communist world.

Advancing Democracy Abroad: Why We Should and How We Can, ships Nov 2009 (by Michael A. McFaul): This book offers examples of the tangible benefits of democracy – more accountable government, greater economic prosperity, and better security – and explains how Americans can reap economic and security gains from democratic advance around the world. In the final chapters of this new work, McFaul provides past examples of successful democracy promotion strategies and offers constructive new proposals for supporting democratic development more effectively in the future.

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Aqil Shah is a PhD candidate in the Department of Political Science at Columbia University.  While at CDDRL, he will write his dissertation entitled "Controlling Coercion:  The Military and Politics in Pakistan and India."  His broad research interests include comparative democratization, civil-military relations, religion and politics and South Asian politics with a focus on Pakistan. His work has appeared in the Journal of Democracy and edited volumes.  

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CDDRL Hewlett Fellow 2009-2010
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Aqil Shah Hewlett Fellow Speaker CDDRL
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