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Copycats and Patent Wars: The Effects of Quality Investment

December 13, 2019
By 22425

Qinquan Cui, a 2017 Sylff fellow at Sun Yat-sen University in China, is currently conducting research as a visiting PhD student at the University of California, Los Angeles (UCLA). Recently, he published his thesis “Quality investment, and the contract manufacturer’s encroachment” in one of the flagship research journals. In this article, he shares his analysis and perspectives on global business issues.

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Multinational cooperation has become increasingly popular in the manufacturing industry, including contract manufacturing and the setting up of joint ventures in emerging economies. In contrast to integrated business models in the past where the manufacturer had absolute control over material supply, manufacturing, assembling, and retailing, the core manufacturer in the new era has to face competition from business cooperators who can even be copycats. [1,2,3] This owes to the spillover and leakage of technology between different entities in a supply chain, which is a double-edged sword. [4] The positive side has been proven by Toyota’s knowledge-sharing network by learning product information. [5] However, product innovation can be imitated by local suppliers or contract manufacturers from the channel of foreign direct investment and product quality investment, leading to an emerging proliferation of supply chain encroachment. In such a situation, contract manufacturers (CMs) establish direct channels to compete with original equipment manufacturers (OEMs).

 

An Apple store opposite a Samsung store.
Wang Xiaofei — Visual China Group via Getty Images

The Patent Fights

This type of supply chain encroachment has induced a few intense fights - costly juristic activities. To stop such a practice of market entry, Apple Inc. (an OEM) fought with Samsung Electronics Co., Ltd. (a kind of CM), because the latter had been copying Apple’s product designs and patents for a long time. Recent years have witnessed a battle in which Apple took legal action against Samsung for product plagiarism, which has cost the former more than one billion dollars. [6] However, the United States Supreme Court appeared to be stuck in a dilemma over how to deal with the high-stakes battle between the two. [7] It indicated that it was uncertain how much money the South Korean electronics company owed for infringing patents on the iPhone’s design. Thus, it seems that filing a lawsuit has brought only a faint possibility of blocking Samsung’s encroachment and compensating for Apple’s losses caused by the former’s imitations. The complexity and uncertainty of the legal environment in different countries are mainly accountable for this dilemma.

 

Apple and Samsung’s legal fight over patents.
Peter Macdiarmid — Getty Images Europe

Strategic Quality Investment as a Weapon

To reduce the contract manufacturer’s incentive of encroachment by imitation, Apple has turned to a more attainable operational strategy—investing in product quality improvement. Accordingly, Apple’s investment in research and development (R&D) has increased significantly; for instance, the fiscal year 2016 saw a 25% increase from the previous year, which contrasted sharply with the 8% fall in revenue. [8]

One important point should be made clear: sometimes the upgrade of Apple’s products is not significant, and thus the differences between the two companies’ products are not distinct, while at other times the update is striking. In addition, the contract manufacturer does not always keep up with the pace of Apple’s product quality upgrade or compete with Apple by imitation. This makes people wonder under what conditions Apple would enhance investment for improvements in product quality and be highly cautious of the co-competitor’s imitations. A question then arises: is the CM’s threat of competition one of the motivations for the OEM to invest in product quality improvement?

The Multiple Effects of Quality Investment

When the collaborator is a copycat, there are two major concerns for the profit-maximizing OEM. First, enduring a CM’s imitation and encroachment without any costly deterrence is a conservative strategy, but the OEM has to share the retail revenue with the CM. Second, investing in quality improvement has multiple effects compared with the strategy of no investment: (1) it may stop the CM from encroaching and benefit the OEM; (2) if the CM’s encroachment cannot be prevented, the OEM’s profit may deteriorate, while the rival (CM) could obtain more retail revenue by imitation; and (3) a profit improvement might be induced by the OEM’s quality investment, regardless of whether the encroachment is prevented or not.

Besides, in order to enter the OEM’s final market, the CM would strategically adjust the wholesale price to affect the OEM’s sourcing quantity. The OEM may then benefit from the CM’s encroachment if the wholesale price becomes lower.

Research Questions

Motivated by the above discussions, my research “Quality investment, and the contract manufacturer’s encroachment,” published in the European Journal of Operational Research, aims to explore the following three questions by analyzing a game-theoretical model. (The main content of this article is based on the above published research.) First, under what economic conditions does the CM’s encroachment occur? Second, should the OEM invest in quality as a mechanism to deter—or encourage—the (potential copycat) CM’s encroachment? Third, under what conditions can the CM’s encroachment achieve a Pareto improvement instead of causing a loss to the OEM?

Main Findings

Without the OEM’s quality investment, the CM always has the incentive to encroach on the OEM’s market and will claim a higher wholesale price in contrast with the ideal scenario without encroachment, but the increase of the wholesale price will be mitigated by the CM’s higher imitating ability. Then the OEM’s profit will decline as the product demand decreases due to competition from the CM.

Furthermore, when there is an attainable quality investment opportunity for the OEM, once the investment is executed, the CM will prefer the irresponsible encroachment only if its imitating capability exceeds a certain threshold. Alternatively, the CM’s encroachment policy may depend on the characteristics of the OEM’s investment. In the latter scenario, the strategic interactions between the OEM and CM become more intricate, depending on the nature of the quality investment and the CM’s imitating capability.

Another key finding shows that the CM’s threat of encroachment can facilitate the OEM quality investment and that quality investment could be preferred if it can blockade the CM’s encroachment even though the quality investment per se is unprofitable. Overall, quality investment is partially effective in deterring the CM’s encroachment. Moreover, it is found that a win-win situation can be induced by the encroachment when quality investment is implemented by the OEM; in other words, if the CM’s imitating ability is not extremely strong, the OEM’s profit can be improved by the CM’s encroachment.

Managerial Insights

The motivations for the OEM’s quality improvement (investment) lie in two aspects. Firstly, it can stimulate market demand for the OEM’s original product, which can generate more retail revenue even as the CM acts as a free rider and copycat. Secondly, quality investment is also a powerful weapon to deter the competitive CM’s encroachment. Moreover, it is found that the CM’s encroachment is certain to happen when its imitating ability is strong, in which case the structure of quality investment no longer matters.    

Furthermore, research findings show that the CM’s imitation and encroachment can contribute to a win-win situation for both parties under certain conditions. In this scenario, the OEM’s profit increment is generated by an increased demand for the original product and a lower wholesale price, while the retail price of the original product falls compared with the situation without encroachment.

 

Quality investment at the crossing.
Lucas Jackson — REUTERS

However, quality investment is not always an effective solution to deterring the CM’s encroachment or helping encroachment improve the OEM’s profit. For instance, an encroachment by a CM with a strong imitating ability and an investment structure characterized by low investment cost and low quality improvement will certainly hurt the OEM’s profit.

This explains why, among those OEMs who established joint ventures (or other forms of cooperation) in developing countries, some would use quality improvement to deter their partners’ product imitation and encroachment, others prefer to invest in quality improvement and wink at the CM’s encroachment, and yet others complain about their CMs’ irresponsible imitation behavior.

As stated by the New York Times, the insights of this research are in line with the prediction that “Apple can find better ways of earning hundreds of millions of dollars than fighting a decade-long lawsuit.” [9] Then the courtroom is not always the place to try to get patent problems solved. Instead, the alternative operational strategy—quality (R&D) investment—would be a more efficient weapon that can deter copycats’ imitations and supply chain encroachments.  

 References

[1] Chen, Y.J., S. Shum, and W. Xiao. 2012. Should an OEM retain component procurement when the CM produces competing products? Production and Operations Management, 21 (5), 907–922.

[2] Cui, Q. (2019). Quality investment, and the contract manufacturer’s encroachment. European Journal of Operational Research, 279, 407–418.

[3] Cui, Q., C.H. Chiu, X. Dai, and Z. Li. 2016. Store brand introduction in a two-echelon logistics system with a risk-averse retailer. Transportation Research Part E: Logistics and Transportation Review, 90, 69–89.

[4] Aldieri, L., V. Sena, and C.P. Vinci. 2018. Domestic R&D spillovers and absorptive capacity: Some evidence for US, Europe and Japan. International Journal of Production Economics, 198, 38–49.

[5] Dyer, J.H., and N.W. Hatch. 2004. Using supplier networks to learn faster. MIT Sloan Management Review, 45 (3), 57.

[6] Eichenwald, K. 2014. The great smartphone war. Vanity Fair, May 3, 2014.

[7] Kendall, B. 2016. Supreme court hears Apple-Samsung patent case. The Wall Street Journal, October 12, 2016.

[8] Gallagher, D. 2016. What does Apple get for $10 billion of R&D? The Wall Street Journal, October 28, 2016.

[9] Nicas, J. 2018. Apple and Samsung end smartphone patent wars. The New York Times, June 27, 2018.

 

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Celebrating the International Labor Organization Centenary with a Conversation about Labor Standards, Health, and Safety at Work

December 11, 2019
By 26658

Using an SRA award, Olívia de Quintana Figueiredo Pasqualeto, a 2019 Sylff fellow from the University of São Paulo, visited the International Labor Organization (ILO) in Geneva to discuss aspects of her doctoral thesis with specialists in international labor standards and collect bibliographical references on the subject that are not accessible from Brazil. In this article, she describes what motivated her to study the influence of international law on the protection of health and safety of workers and the application of Convention No. 155 of the ILO by labor courts in Brazil; the importance of the ILO visit and its contributions to her research; and the next steps to take after visiting the ILO.

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Background and Motivations

The desire to understand how domestic law dialogues with international law originates in reflections on some of the results found in studies prior to my PhD research, especially during the conclusion of my master’s dissertation,[1] which showed that the programs, goals, and concepts set forth by the International Labor Organization on green jobs[2] are rarely observed by member states of the organization, as well as by institutions that handle the subject. Moreover, in my master’s research, I was able to find that occupational health and safety standards are most often breached in green jobs. From these conclusions came the question of the extent to which international law is applied in Brazil and influences the protection of health and safety at work.

In front of ILO building entrance.


To answer this proposed question, the object of study had to be delimited. I decided to study a specific international standard—ILO Convention No. 155 (C155), the first ILO convention that addressed health and safety at work generally, holistically, and preventively (ITCILO, 2018, p. 2)—and its application by the Brazilian labor courts (who exercise judicial power over labor subjects), since jurisdictional activity is one of the most concrete ways of giving effectiveness to international law (Valticos, 1955; Valticos, 1977; Potobsky, 2004). The idea is to analyze whether this international standard offers greater protection to worker health and safety and what the benefits are of applying it.

Considering the theme to be studied, it occurred to me to visit the ILO, the international body that prepared the C155, is responsible for monitoring its effectiveness, brings together great experts, and has the most specific bibliographic collection on the subject.

 

Visiting the ILO: An Opportunity to Dialogue with Experts and Deepen the Theoretical Framework

The proposed SRA project had two main objectives: to discuss with ILO experts the preliminary results of my research and to complement the bibliographic references of my thesis.

With ILO experts from NORMES, after our conversation.

To achieve the first objective, a conversation was scheduled with some of the ILO’s legal officers from the International Labor Standards Department (NORMES). In this dialogue, I had the opportunity to ask the following questions: How can we make international labor standards more effective? Is judicial activity an important form to make it (more) effective? In Brazil, I perceive a certain lack of awareness about international labor standards (C155), including among judges; do you have the same impression, and does that make sense to you? This may not be exclusive to Brazil; what do you see in other countries? What are the advantages of using international labor standards (C155) in judicial decisions? How does the ILO plan to increase the use of Convention No. 155, what are the ways of bringing labor standards of the ILO closer to domestic law, and is there any strategy focused on jurisdictional activity?

My conversation with these experts was very productive. I was welcomed by three legal officers, and we debated the issues I had proposed for over two hours. Some of their answers reinforced and complemented some of the conclusions of my thesis, and an observation made by one of them helped me rework one of my research hypotheses. From this conversation, I structured and wrote the last chapter of the thesis, which is under review.


In addition, at the end of the conversation, one of the legal officers put me in contact with another important ILO department called the Labor Administration, Labor Inspection and Occupational Safety and Health Branch (LABADMIN/OSH), specializing in occupational health and safety, with which I was able to schedule another meeting that I had not initially foreseen. This second meeting was also very helpful, as we talked about the possibility of occupational health and safety being included in core labor rights.

It was highly important for the research to have this dialogue with people from outside my academic circle and have the opportunity to “test” the results that I have been finding. This helped me rethink some categorical statements I had made and indicated that the path I am tracing for the investigation is coherent.

Seeking to reach the second objective of my SRA project, I requested access to the ILO library, which allowed me not only to consult the library’s physical collection but also to use its space to study and write the thesis everyday while I was in Geneva. I was able to make a systematic collection of bibliographic material, having found works that are not available in Brazil. Being able to turn to these theoretical references—especially older books by Nicolas Valticos, Wilfred Jenks, and Georges Scelle—allowed me to complement the foundation of some ideas developed throughout the first and second chapters of the thesis, especially with regard to judicial use of ILO conventions. In addition to the theoretical framework, I had access to various historical documents regarding the approval of Convention No. 155 and ILO publications on occupational health and safety in general.

Artwork from India in the ILO garden.

 

Next Steps

With the end of research abroad, I am finalizing the writing and review of the thesis, with the submission of my dissertation scheduled for December 2019 and graduation in March 2020.

In addition to completing the research, the ILO visit allowed me to structure two future projects: one originating from the meeting with LABADMIN/OSH, which opened a channel for material exchange and the possibility of developing a joint article in the future about “health and safety at work as a fundamental right and principle at work”; another directed to the publication of reviews (in Portuguese) of the works I consulted that are not accessible from Brazil, aiming to share with the Brazilian academic community this content not yet available in the country.

 

Conclusion

Finally, I point out that, besides the activities performed and described above, my visit to the ILO building full of artwork related to human labor, especially in the year of its centenary, gave me even more inspiration and motivation to complete the doctorate, think about new research objects, and plan future projects.

 

References

ITCILO (International Training Center of the International Labor Organization). 2018. International labour law and domestic law. Turin: ITCILO.

Valticos, N. 1955. Conventions internationales du travail et droit interne. Revue critique de droit internationale privé, vol. 2, 251–288.

Valticos, N. 1977. Droit international du travail et droit interne français. Travaux du comité français de droit international privé, vol. 34, no. 1973, 11–37.

Potobsky, G. V. 2004. Eficacia jurídica de los convenios de la OIT en el plano nacional. In Les normes internationales du travail: un patrimoine pour l’avenir—mélanges en l’honneur de Nicolas Valticos, by J.C. Javillier, B. Gernigon, and G.P. Politakis. Genève: Bureau International Du Travail, 287–305.

 [1] This master’s dissertation is titled “Worker protection in green works,” defended at the Faculty of Law of the University of São Paulo on November 7, 2016.

[2] “Green jobs” is an expression created by the ILO to designate decent forms of work dedicated to the continuous and efficient protection and repair of the environment (natural, artificial, cultural, and labor) in the most varied economic activities, regardless of the worker’s hierarchical position and legal relationships. These jobs must be socially, environmentally, and economically sustainable.

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Insights into the Economic and Legal Dimensions of Public Contractual Relationships in Europe

December 5, 2019
By 27004

The aim of my doctoral dissertation research—carried out with the support of a Sylff fellowship—is the examination of contracts concluded by the state and other public bodies in Europe. Particular attention is given to concessions and the interplay between various national legal traditions and the law of the European Union. My work focuses on the legal specificities of these contracts and seeks to understand important socioeconomic connections of this field of law, such as the different modes of the state’s involvement in the economy and the different ways public services are organized, and where the boundaries between the state and market are set. In the following, I would like to give a brief introduction to this topic.

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In the evolution of the law of public contracts at the national and European level, the organization of public services has always played an important part.

Many services that are now considered public services first appeared as private initiatives. As capitalism developed, urbanization and population growth resulted in an ever-increasing number of tasks that public administrations needed to organize for the smooth functioning of society. The state’s involvement in the economy became more active in the first half of the twentieth century owing to two world wars, economic crises, the growing need for public services, and the bankruptcy of private-sector service providers. As welfare states flourished in Europe in the 1960s and the first half of the 1970s, the provision of public services came to be carried out mainly in the public sphere, either by state bodies, local authorities, or by organizations closely related to them.[1]

The Chain Bridge, one of the iconic monuments of Budapest, Hungary, is an example of a private initiative taking the lead in building public infrastructure in the nineteenth century. Its construction was funded and carried out by the Chain Bridge Joint Stock Company, owned by private shareholders. (Photo by Gyurika, CC-BY-SA-2.5, https://commons.wikimedia.org/wiki/File:Lanchid-budaipiller.jpg)

Challenges to the concept of the European welfare state emerged in the 1970s, as the oil crises of 1973 and 1979 triggered a new way of thinking about economic policy. The organization of public services according to market principles, outsourcing, and the involvement of the private sector became widespread, accompanied, in certain cases, by the privatization of assets serving as the basis of a public service. An important factor encouraging these processes was the law of the European Union. The most intensive period of regulation in the European Union to build up an internal market of undistorted competition started in the early the 1990s. An important part of this was the liberalization of network-based public services and the regulation of public procurement, which became more detailed and effective through the adoption of new directives.[2]

The reform of public services and the growing importance of contracting out became a general trend in Europe, but they unfolded differently in the individual member states of the EU, influenced by the respective traditional approaches to delivering public services.

In Germany, public services of an economic nature are traditionally provided by so-called Stadtwerke. These are companies of local authorities (earlier organized also by public law) that provide the population of a geographical area with different utilities. In the field of social services, cooperations of charitable organizations were a traditional form of service provision. The trend of privatization has affected these long-established structures, and private operators now play an important role in the delivery of public services. As a result of EU-led liberalization, these markets also had to be opened up to competition—or at least adjusted to a competition-driven legal system. However, certain sensitive areas, such as water supply and ambulance services, were protected by public policy from the encroachment of market forces by the EU.

Unlike Germany, France did not develop a strong utilities’ sector at the local level. The system of French local authorities was very fragmented, and their scarce resources encouraged the delegation of public services—mainly in the form of concessions—to private providers from as early as the middle of the nineteenth century.[3] The French state’s interference in the economy was particularly strong after World War II; extensive nationalization took place ,which largely affected the utilities, but state involvement was significant even in the competitive parts of industry and in the banking and insurance sectors.[4] Due to this composition of public property and the historic guiding theory of service public in public administration, the privatization of the 1980s and 1990s affected primarily the competitive sectors of the economy, not the utilities. The French constitution of 1946 expressly stated that monopolies and companies providing national public services and the assets necessary to run these services must remain state property.[5] A characteristic of the French model is that the utilities market is dominated by a few large companies, which are also important participants in the EU-wide market of service concessions.

The Channel Tunnel links Great Britain with continental Europe. The infrastructure project, negotiated in the middle of the 1980s, was a pioneer of large-scale, concession-type contracts using the project finance technique relying on the proceeds of the project. (Photo by Florian Févre from Mobilys, CC BY-SA 4.0, https://en.wikipedia.org/wiki/File:TGV_TMST_3011-2_-_Sortie_Tunnel_sous_la_Manche_%C3%A0_Coquelles.jpg)

In Britain, the common law legal system (which follows a different concept than the legal systems of continental Europe) evolved in parallel with another type of economic development. From the outset, capitalism developed with much less state involvement than in Germany or France. Margaret Thatcher, who became prime minister in 1979, was a pioneer of a neoliberal economic policy. She implemented reforms to achieve a more economic and effective public sector, encouraging contracting-out, private-sector involvement in public projects, privatization, and the liberalization of monopolies in utilities. The British administration also developed innovative legal concepts like unbundling and public-private partnerships (PPPs) that later spread to the rest of Europe and beyond.

Nowadays, EU law has a decisive impact on how member states can organize public services. Although there is undoubtedly a push toward more competition and privatization, there are also elements of EU law that try to seek a balance between the principle of undistorted competition and the will of member states to preserve their ability to decide on the most appropriate way to provide public services with different degrees of state involvement and to protect certain traditional elements of their systems.

The Law of Public Contracts

The law governing the contracts of public bodies is also shaped by changing economic circumstances, the increasing recourse to contracting-out, and the impact of EU law. There is a general trend towards unification, mainly deriving from EU public procurement law, whose focus is to sustain undistorted competition in public purchases through transparent procedural rules. But this process also accommodates different legal traditions in national laws.

PPP contracts were widely used from the 1990s to develop different types of public infrastructure, such as motorways. However, there were always concerns whether PPPs could deliver value for money for the public sector. (Photo by Kroock74, CC BY-SA 3.0, https://commons.wikimedia.org/wiki/File:Toll_booths_in_the_UK.jpg)

The most developed legal tradition relating to public contracts can be found in the French legal system in the concept of administrative contracts. What sets this legal regime apart is that contract rules of public authorities must also reflect the public interest and guarantee the proper functioning of public services. Administrative contracts form a distinct category apart from private law contracts, and legal disputes relating to them fall within the jurisdiction of administrative courts. Special rules are applicable to these contracts besides the underlying law of the French Civil Code. The main feature of administrative contracts is that the parties to the contract are not in an equal position and that the law acknowledges certain prerogatives for public authorities (e.g., a unilateral power of modification in case it is so required in the light of the public interest). However, the rules of administrative contracts must also fairly protect the interests of the contracting party by sustaining the economic balance in case of unforeseen circumstances and by compensating the private party in case the administration exercises its special rights.

The German legal system has traditionally been based on a strict distinction between private and public law. Its main approach to the contracts of public authorities is that public administration is also subject to private law when it takes part in economic relationships. This way of thinking has not impeded the acknowledgement of certain specificities of public contracts in connection with the public interest. The emphasis in German law is on the requirement that public authorities give due consideration to human rights even if they are acting under contract. In order to apply public law requirements to private law contracts, German courts incorporated these public law principles into general private law clauses. This solution of taking into account public principles in the interpretation of private law is called Verwaltungsprivatrecht in legal literature.[6]

One difference we can observe in English law is that its evolution is much more based on the needs arising from private economic activity than in continental contract laws. In the system of common law, it follows from the principle of the rule of law that the same law applies to both the state and private parties when they take part in economic relationships. As a result, even the existence of administrative law was recognized much later in England than in Germany or France. The specificities of public contracts appear in the principles elaborated by the courts and in codified laws, but there is no general legal concept or theory on how the public interest is considered in relation to public contracts.  

In spite of the conceptual divergences, common features can also be observed in the main European legal systems.[7] These elements all relate to the public interest and represent two main aspects of public contracts. On the one hand, public bodies need more freedom to act in order to decide on public matters and keep their competence to act as the public interest requires. However, when public interest warrants a derogation from contractual obligations, the private party must be compensated fairly. On the other hand, the administration cannot circumvent its public law obligations—such as respect for human rights—even if it acts in accordance with contractual provisions.

EU law also affects significantly how the traditional principles of public contracts can be applied in the member states. It is possible to maintain different approaches to public contracts in individual legal systems, but their special points of view can only apply within the boundaries set by EU law.

 

[1] Hellmut Wollmann and Gérard Marcou, “Introduction,” in Wollmann and Marcou (eds), The Provision of Public Services in Europe: Between State, Local Government and Market, Edward Elgar Publishing, Cheltenham, 2010, p. 5.

[2] Council Directive 89/440/EEC of July 18, 1989, amending Directive 71/305/EEC concerning the coordination of procedures for the award of public works contracts; Council Directive 88/295/EEC of March 22, 1988, amending Directive 77/62/EEC relating to the coordination of procedures on the award of public supply contracts and repealing certain provisions of Directive 80/767/EEC; Council Directive 92/50/EEC of June 18, 1992, relating to the coordination of procedures for the award of public service contracts; Council Directive 93/36/EEC of June 14, 1993, coordinating procedures for the award of public supply contracts; Council Directive 93/37/EEC of June 14, 1993, concerning the coordination of procedures for the award of public works contracts; Council Directive 93/38/EEC of June 14, 1993, coordinating the procurement procedures of entities operating in the water, energy, transport, and telecommunications sectors.

[3] Attila Harmathy, Szerződés, közigazgatás, gazdaságirányítás, Akadémiai Kiadó, Budapest, 1983, p. 29.

[4] For a detailed account of the different approaches to public ownership in the economy after 1945, see Leigh Hancher, “The Public Sector as Object and Instrument of Economic Policy,” in Terence Daintith (ed), Law as an Instrument of Economic Policy: Comparative and Critical Approaches, Walter de Gruyter, Berlin, 1987, pp. 165–236. 

[5] Ninth paragraph in the preamble of the Constitution of 1946: “Tout bien, toute entreprise, dont l’exploitation a ou acquiert les caractères d’un service public national ou d’un monopole de fait, doit devenir la propriété de la collectivité.”

[6] For a comprehensive analysis of Verwaltungsprivatrecht, see Ulrich Stelkens, Verwaltungsprivatrecht—Zur Privatrechtsbindung der Verwaltung, deren Reichweite und Konsequenzen, Duncker & Humblot, 2005.

[7] See also Rozen Noguellou and Ulrich Stelkens (eds), Droit Comparé des Contrats Publics / Comparative Law on Public Contracts, Bruylant, 2010.

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Sylff@Tokyo: Visit by National Academy of Governance Fellow Nomingerel Davaadorj

November 29, 2019

Nomingerel Davaadorj, a Sylff fellowship recipient in 2010 while attending the National Academy of Governance, Mongolia, visited the Sylff Association secretariat in Tokyo on Thursday, September 12, 2019.

Davaadorj, standing second from left, during her visit to the Sylff Association secretariat.

 Davaadorj has been doing research at Japan’s Kyushu University as a master’s student in law. Her research title is "Mine closure regulations and it's socio-economic aspects: a comparative study between Australia and Mongolia". She has just defended her master’s thesis and will return to Mongolia after spending two years in Japan.

She will resume her career as a legal officer at a government agency in Mongolia with responsibilities for government procurements and state property management. She looks forward to reuniting with her family and friends in Mongolia.

During her stay in Japan, Davaadorj participated in the first Sylff Leaders Workshop 2018–19. She contributed to the topic of the “Future of Food Production in 2030” with insights into local foods in Mongolia. 

We wish her much success and excitement in her home country.

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Sylff’s Silver Jubilee in China (4): Four Universities Celebrate 25th Anniversary in 2019

November 28, 2019

Sylff was first established in China in 1992, and five Chinese universities celebrated the program’s twenty-fifth anniversary in 2018. In 2019, four more universities—Xinjiang, Inner Mongolia, Chongqing, and Yunnan—which joined Sylff in 1994, also held their twenty-fifth anniversary ceremonies. These four universities were selected as Sylff institutions with the aim of selecting not only the best-known universities in the country but also those promoting ethnic diversity.

The celebrations began in June in northern China at Xinjiang University and Inner Mongolia University. The delegation from Japan visiting the two schools was led by Nippon Foundation and Sylff Association Chairman Yohei Sasakawa and included members of the Tokyo Foundation for Policy Research (Sylff Association secretariat) and the China Education Association for International Exchange.

Xinjiang University holds the largest number of Uyghur students in China and is committed to serving the needs of the regional community, respecting ethnic diversity, and advancing a dynamic international strategy. This year also marks the ninety-fifth anniversary of the university’s founding.

Sylff Association Chairman Yohei Sasakawa speaks with Xinjiang fellows during a luncheon reception.

The anniversary event at Inner Mongolia University on June 12 featured a donation ceremony for the Ryoichi Sasakawa Memorial Library, to which over 6,000 books have been donated since its establishment in 2010. After the ceremony, Mr. Sasakawa held a group interview with members of the local media. One of the journalists, it turned out, was a Sylff fellowship recipient when she was studying for a master’s degree at Inner Mongolia University.

Mr. Sasakawa is interviewed by local reporters.

One of the journalists, who was a Sylff fellow at Inner Mongolia University, poses in traditional Mongol dress for a commemorative photo with Mr. Sasakawa.

Events in southwestern China, meanwhile, were held in September, starting with a meeting of Chinese Sylff administrators on September 22 at Chongqing University. Administrators from all 10 Sylff universities in China (Fudan, Jilin, Lanzhou, Nanjing, Peking, Chongqing, Inner Mongolia, Xinjiang, Yunnan, and Sun Yat-sen) gathered to discuss concrete plans to focus Sylff funds on a smaller number of select fellows. Ten fellows who were selected in 2019 from the 10 universities were invited to speak about their research activities and gave inspiring presentations to meeting participants.

Participants of the Sylff administrators’ meeting at Chongqing University.

Chongqing University is also marking its ninetieth anniversary this year. “It’s a great honor to celebrate Sylff’s twenty-fifth anniversary at Chongqing in this very special year,” as Mr. Sasakawa noted at the ceremony on September 23. “Seeing how successfully the program has unfolded at the university, I feel very proud that we asked Chongqing University to join our Sylff community two decades ago. I hope that everyone here will work toward a brighter future for all, no matter what difficulties you may encounter along the way.”

Mr. Sasakawa’s remarks at Chongqing were greeted with warm applause.

The September 25 anniversary celebration at Yunnan University was attended by over 200 participants. Yunnan fellow Liu Guoqian, who received a fellowship in 2007 and whose wife was also a fellowship recipient, made a speech during the ceremony, inviting laughter when he jokingly noted, “Thanks to Sylff, I was able to find not only my career path but also my life partner!”

The ceremony hall was filled with over 200 participants.

Yunnan fellow Liu Guoqian makes a speech during the ceremony.

 

 

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REDD+ and the Forest Commons in Nepal

November 22, 2019
By 21457

Sylff fellow Shangrila Joshi, a researcher on environmental studies and climate justice, held workshops and a forum on REDD+, one of the climate mitigation initiatives, for forest community users in Nepal, with funding from Sylff Leadership Initiatives (SLI). Although REDD+ is widely promoted as a global effort to reduce carbon emissions from deforestation and forest degradation, Joshi argues that the implementation of associated projects often lacks informed consent by all stakeholders, and it is often the case that community forest users are left out from the discussion. Joshi conducted the SLI project to raise proper understanding of REDD+ among forest users with the ultimate goal in mind of realizing climate justice.

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As climate change moves from being an impending crisis to an ongoing planetary emergency, it is important to critically evaluate the many so-called climate solutions that have arisen in response. REDD+ (Reducing Emissions from Deforestation and Forest Degradation) is one of the mitigation options that have emerged out of the United Nations deliberation process. It is a market-based mechanism to address climate mitigation by promoting the sequestration of carbon dioxide in forests while facilitating a global trade in certified emission reductions of sequestered carbon. This arrangement allows high emitters to meet their emission reduction targets by financing emission reduction programs in forest-rich developing countries.

Internationally, REDD+ has been heavily criticized and opposed by affected communities, scholars, and activists due to concerns about land grabs and human rights abuses and for not addressing the primary source of greenhouse gas emissions, namely fossil-fuel-based industries. Nepal has been an attractive prospect for those seeking to pursue these mitigation attempts while minimizing their worst side effects, because REDD+ has been proposed for community forests with a proven record of governance that empowers local communities while enhancing forest cover.

Shangrila Joshi with members of Chaturmukhi Community Forest in Gaduwa, Chitwan.

SLI Project Highlights

The perceptions of REDD+ among Nepal’s community forest users have been the focus of my research investigations for the past few years. Specifically, I interviewed forest users and conducted participant observation in the three sites in Nepal where the REDD+ pilot project was implemented—Gorkha, Dolakha, and Chitwan—during the monsoon of 2017. I conducted follow-up meetings and site visits in Chitwan in 2018. During August 2019, with SLI support, I facilitated a series of workshops in Chitwan and a three-day forum in Pokhara bringing together 24 members of the Community Forest User Group (CFUG) and Federation of Community Forestry Users Nepal (FECOFUN) from 12 districts of the Terai, where Nepal’s first World Bank program for REDD+ is slated for implementation.

 

Participants hearing a presentation by Dr. Joshi at the three-day forum in Pokhara.

Conversations in the workshops and forum revealed that while the desire of forest users to benefit from REDD+ is strong, their knowledge of how REDD+ specifically and carbon trading more generally operates in the local, national, and international contexts is weak. There is high demand for such knowledge to be widely disseminated in areas where REDD+ programs are to be ushered in. Participants were highly enthusiastic about welcoming REDD+ to their communities in ways that maximize economic and ecological benefits while avoiding harm to local communities. There was strong consensus among all participants that knowledge regarding REDD+ is highly inadequate in the local communities to be affected by REDD+, that access to such knowledge is desirable and necessary, and that any policies and benefit sharing should be equitable and just and involve meaningful participation of all stakeholders from the start. Community forest users at the forum and workshops overall expressed a strong desire to be active participants, not passive recipients in Nepal’s REDD+ programming.

Without a proper understanding among those who would be most affected by REDD+ of how REDD+ operates, how it strives to mitigate climate change, and how local forests and forest users are implicated, I argue that its proponents risk ignoring the principle of free, prior, and informed consent. The deliberations of the forum and workshops have been summarized in a white paper that has been shared with concerned officials in the Ministry of Forests and Environment, the World Bank, and FECOFUN, as well as media outlets in Nepal, so that the voices of community forest users may reach concerned authorities. In the white paper, I argued that meaningful participation and fully informed consent were not facilitated in all community forests in the Terai before the agreement on REDD+ was made between Nepal and the World Bank. If REDD+ is to move forward in Nepal, it is urgent that these gaps and oversight be rectified with a coordinated drive to involve local forest stakeholders in all REDD+ districts, through educational programs and discussion about the complex connections between climate change and forests, how REDD+ operates, what the rights of local forest users are, and how they can best advocate for their rights, if REDD+ is to move forward in Nepal.

 

 

Neoliberal Climate Solutions and the Commons

Although Nepal does not present blatant cases of disenfranchisement such as land grabs in areas where REDD+ projects are being introduced, concern is warranted for possible erosion of progressive structures. REDD+ is often characterized as a neoliberal solution, meaning it is predicated on the problematic assumption that free trade is the best way to maximize well-being and that the market is the best place through which to resolve social and environmental problems by virtue of the enlightened behavior of consumers buying and selling commodities. This is a decidedly different approach to resolving problems from that of members of a community deciding to impose rules and regulations to change behavior and address identified problems. Those interested in learning further about these two distinct ways to conceptualize and resolve problems may wish to look into the work of Elinor Ostrom, who tirelessly sought to correct the misconceptions introduced into the realm of environmental problem solving by Garrett Hardin through his highly influential yet problematic article “The Tragedy of the Commons.”

Is the tragedy of the atmospheric commons best solved through collective action—such as through a concerted global effort to scale back the burning of fossil fuels, addressing the problem at the source—or by commodifying the atmosphere, buying and selling carbon credits in the global marketplace? Carbon trading commodifies the atmospheric commons by assigning a price for a unit of reduced emissions: a carbon credit that can be bought and sold in the global carbon market. As a commodity, the price of carbon is determined not by its actual worth but rather by the vagaries of the market, and hence it is greatly underpriced. Ironically, the buyers of carbon credit—the ones creating emissions—determine the price of emissions reduction, while those who are already relatively blameless have little to no say. The latter are also more vulnerable to the impacts of climate change, hence the importance of a climate justice lens to evaluate these neoliberal climate solutions.

Not only do those members of the global community who are making a carbon trade possible due to their labor and everyday choices have little power to influence the price of the carbon commodity they are selling; they are in many cases enabling this trade without their fully informed consent. Intermediaries such as the World Bank and government agencies often mediate the transactions between the buyers and sellers of carbon credits in ways that diminish the agency of the seller. Even if blatant instances of disenfranchisement may not occur in Nepal, these subtle ways of what geographer David Harvey calls “accumulation by dispossession” are concerning. In addition to these issues that are generic in the world, the stakes are high for Nepal also because of credible threats to common pool resource governance structures such as community forestry.

Community forestry users and leaders are generally highly welcoming and desirous of REDD+ projects due to the resources they promise, even if and perhaps precisely because the complex connections between forests, community forestry institutions, and global climate change are not well understood. The integration of local forests into a regime of global carbon trade requires quantification and measurement of carbon sequestered in forests in such a manner that privileges reductionist ways of managing forests. A related concern then is whether a move to embrace REDD+ might disenfranchise forest users from their ability to use their local and/or traditional ecological knowledge for forest management in ways that disproportionately privilege outsiders with technological skills and training in “scientific forestry.”

Power dynamics in the local context are important to understand as well. Specifically, programs such as REDD+ operate within an established culture of patriarchal domination, caste privilege, and disproportionate power of the urban educated elite. Attempts at gender sensitization and gender mainstreaming are laudable if insufficient, but there are indications that efforts to encourage equity for Dalit and Janjati groups are occurring in problematic ways that appear to further exacerbate animosity between social groups. If these instruments of carbon trading are to continue and do so in socially just ways, the question of what constitutes a “fair trade” in carbon as commodity at multiple scales begs serious attention.

The climate crisis can be seen as creating opportunities to reevaluate power dynamics at multiple scales, as well as to re-envision how the earth’s resources are used. Even as climate change offers new frontiers for the decades-long project of commodifying nature, thus enhancing the power of corporations, it has strengthened the resolve of activists who are striving to keep remaining fossil fuels in the ground and to hold companies and countries accountable for the climate crisis. In Nepal, there are opportunities to strengthen existing institutional arrangements designed to empower ordinary people to engage in ecologically sustainable behavior. The challenge is to do so equitably and in meaningful, not tokenizing, ways. The current moment in Nepal—and the world—serves as a reminder that the stakes for a battle between these competing forces have never been higher.

Shangrila Joshi, author of the article, visiting Baghdevi Community Forest in Parsa, Chitwan.

(All photos by Addison Joshi Felizola)

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SLI Awards for Projects to Ensure a Democratic Election and Protect Indigenous People’s Rights

November 6, 2019

The Sylff Association Secretariat is pleased to announce two recent recipients of a Sylff Leadership Initiatives (SLI) award. SLI supports Sylff fellows’ initiatives to change society for the better with awards of up to US$10,000.

The two winners, chosen from among many applicants, are Mulatu Alemayehu Moges and Bruno Pegorari.

Mulatu Moges

After completing a PhD at the University of Oslo, where he was a Sylff fellow, Mulatu Moges joined the faculty of Addis Ababa University, where he is currently an assistant professor in the School of Journalism and Communication.

He will use the SLI grant to conduct capacity-building workshops for journalists in Ethiopia, which in May 2020 will hold its first national election under the administration of Prime Minister Abiy Ahmed, recipient of the 2019 Nobel Peace Prize.

The media will play a crucial role in ensuring a free and democratic election by providing citizens with unbiased information and by promoting people’s active participation in the electoral process.

 

Bruno Pegorari

Bruno Pegorari completed his master’s degree at the University of São Paulo, where he received a Sylff fellowship, and is currently a PhD candidate in the Faculty of Law, University of New South Wales.

His research and social-action initiatives focus on the issue on land rights of indigenous people in Brazil, who were forced to leave their homes by a judicial decision. He has been working continuously on this issue since 2016 with the aim of negotiating a nonviolent settlement through the application of international law.

The Sylff Association Secretariat is excited about helping fellows put their enthusiasm and ideas into action for the betterment of society. Congratulations to both recipients on winning the award. The two projects will be carried out over the coming months, and reports will be posted on this website.

We are looking forward to supporting many more social initiatives that can lead to positive change in society.

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Gender-Based Violence: Rethinking Social, Legal, and Healthcare Services in Jordan

November 1, 2019
By 25271

In Jordan, legal reforms have been promoted to achieve gender equality, which have led to improvements in female participation in education. However, there is still a big gap to achieving women’s empowerment in a practical sense, as cultural and religious norms encouraging gender inequality prevail in the society. The norms prevent women from social and political participation and even justify gender-based violence toward women. Dr. Tayseer Abu Odeh, a 2007 Sylff fellow at the University of Jordan, held a conference on July 16, 2019, at the University of Jordan to tackle the social issue by rethinking social, legal, and healthcare services. The conference was funded by Sylff Leadership Initiatives (SLI).

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Background and Objectives

It is my great pleasure to say that this conference was the first one organized in the Middle East by Sylff Leadership Initiatives, as one of the substantial and key conferences that seek to point to future directions in the field of gender studies and gender-based violence in Jordan. The conference is intended to address and examine the very implications of the term gender-based violence, which is defined in Guidelines for Integrating Gender-Based Violence Interventions in Humanitarian Actions (Inter Agency Standing Committee, 2015) as follows: “any harmful act that is perpetrated against a person’s will and that is based on socially ascribed (i.e. gender) differences between males and females. It includes acts that inflict physical, sexual or mental harm or suffering, threats of such acts, coercion, and other deprivations of liberty. These acts occur in public and in private.” With that in mind, this conference aims at addressing gender-based violence by assessing and rethinking social, legal, and healthcare services in Jordan.

The conference was held on July 16, 2019, at the University of Jordan.


According to a study conducted in 2015 and published in 2016 by United Nations Women titled “Strengthening the Jordanian Justice Sector’s Response to Cases of Violence against Women,” only 3% of victims of gender-based violence in Jordan seek official support from the police after being traumatized by any act of violence. Similarly, National Council for Family Affairs conducted an important report titled “Status of Violence against Women in Jordan” in 2008. It indicates that National Forensic Medicine Center in Jordan “deals with an average of 700 cases of sexual assault against women annually” and that “the number of murdered women recorded was 120 in 2006, including 18 cases classified as crimes of honor.” Ironically, the actual cases of physical and emotional abuse outnumber these statistics for many sociopolitical and cultural reasons. As a tribal and conservative society, many Jordanian families do not report these cases to protect their superego and collective image at the expense of the victim’s individual trauma.

 

The audience consisted of people from all walks of life.


Opening Remarks

Dr. Abeer Dababneh, director of the Center for Women’s Studies at the University of Jordan, opened the conference by stressing the significance of the event in raising the bar of social and gender consciousness in Jordan in terms of the available services offered by the three major sectors in Jordan: law, justice, and social development.

The president of the University of Jordan, Dr. Abdul-Karim Al Qudah, delivered a speech on how the University of Jordan plays a crucial role in empowering women and giving them a space for sociopolitical representation. He argued that the university is meant to be a feminist and intellectual hub for women’s equality, justice, and creativity, where many female students and teachers have a local and global reach and outshine their counterparts in every field of knowledge.

Moreover, Justice Minister Bassam Talhouni placed an emphasis on the significant role being played by the Ministry of Justice to fight a number of structural obstacles that confine and hinder gender equality. Although Jordan has witnessed some degree of local progress on gender issues, gender-based violence in Jordan is still a serious issue that should be resisted by national institutions at all levels.

Opening remarks.


Conference

The conference held on July 16, 2019, at the University of Jordan sought to develop and implement a more dynamic and practical strategy and method to protect Jordanian survivors who have been repeatedly traumatized by gender-based violence. Accordingly, the conference consisted of four panels:
Panel 1. Legal and Justice Services in Jordan
Panel 2. The Role of National, International, and Civil Society in Jordan
Panel 3. Gender-Based Violence in the Healthcare Sector
Panel 4. Gender-Based Violence in the Social Development Sector

In the first panel, all panelists stressed the way in which the sociocultural and legal contexts impact the whole process of gender-based prosecution in Jordan. The panelists also addressed how the Family Protection Program and other government institutions facilitate legal services for gender-based violence survivors. Meanwhile, they also underscored the limitations of these institutions and how such limitations should be treated locally.

The second panel was premised on the role of national, international, and civil society in Jordan. The panelists highlighted the significant role played by the National Council for Family Affairs and other government and nongovernment institutions vis-à-vis the multiple family protection projects in Jordan. They also emphasized the urgent need to revise the legal system and the alternative ways that this could be carried out to strengthen cooperation between these institutions toward fighting gender-based-violence in Jordan. In a similar vein, the third panel examined the multiple healthcare services offered by the Ministry of Health for victimized women in Jordan. Furthermore, the panelists concretely addressed the cultural and institutional flaws that hinder the process of fighting violence against women in Jordan. The panelists of the last session attempted to explore the way in which the social development sector engages in several rehabilitative counseling programs by training legal employees who are in charge of gender-based violence cases in Jordan. The panelists shed light on the psychological and professional competence of public employees.

 

The second panel, “The Role of National, International, and Civil Society in Jordan Legal and Justice Services in Jordan.”


Open Discussion

Each panel had an open discussion, in which many members of the audience gave compelling and engaging questions and remarks on gender-based violence in Jordan. For instance, an Egyptian activist attempted to challenge the dominant cultural paradigms of gender duties and roles that have been dogmatized and maintained by religion, government, and culture in Jordan. Another graduate student of gender studies was curious to understand the cultural and institutional circumstances that have shaped gender trouble in Jordan. Dr. Tayseer Abu Odeh, the organizer of the conference, responded to this question by arguing that gender trouble emanates from the cultural and social dogma of stereotypes and some religious misinterpretations that deem gender roles as being fixed and unchangeable. Thus, these dogmatic gender roles should be dismantled and challenged by reforming educational pedagogy, incorporating the most up-to-date research findings on gender studies into educational curricula in terms of the cultural and political context of gender-based violence in Jordan, gender equality, and statistical cases.


Final Recommendations Suggested by Participants

The participants agreed on a set of feasible and compelling recommendations that meet the most pressing issues of gender-based violence in Jordan. The media, for instance, should play a crucial role in sustaining and disseminating a profound discourse that offers a counternarrative to gender-based violence that should include updated statistics on all acts of gender-based violence in Jordan, hosting influential feminists to discuss major issues of gender-based violence, and evaluating the kinds of services offered by the three sectors of healthcare, justice and police, and social development. Similarly, the Ministry of Higher Education should be obliged to incorporate a new course on gender-based violence through which university students will be exposed to a wealth of legal, cultural, and epistemological knowledge on gender-based violence in Jordan regarding the discursive quantitative and qualitative circumstances that motivate any act of violence against women in Jordan. Moreover, the panelists stressed the significance of creating a professional national monitoring system through which the risk of gender-based violence in Jordan could be identified and assessed. Several panelists suggested a vibrant institutional and legal collaboration among all government and nongovernmental organizations that are in charge of survivors and victimizers of gender-based violence.

Dr. Tayseer Abu Odeh also stressed the importance of establishing a research database that would function as a professional research platform encompassing all reports, documents, and stories that address and document gender-based violence and assess national services in Jordan. A number of panelists argued that founding a national counseling office for gender-based violence at all universities should be a national priority. Drawing on the agenda of this conference, some of the scholars recommended outlining and endorsing a national manifesto agreed upon by all governmental and nongovernmental institutions that are in charge of fighting gender-based violence in Jordan. It would be a national and academic manifesto that legislates and outlines the national and humanitarian roles, duties, authorities, and agendas among various national partners that are concerned with gender-based violence.


Conclusion

It has been noticed that the vision of gender-based violence held by the government and bureaucracy in Jordan is somewhat limited and dogmatic. Several participants standing for government institutions were obsessed with a discourse of denial in which their findings seemed to underestimate the serious risk of gender-based violence in Jordan. Conversely, independent scholars and gender activists and leaders expressed an opposing view that challenges the one suggested by government representatives. With that in mind, a number of panelists suggested putting forward and organizing another forum in the near future that would reexamine gender-based violence in Jordan from a radical sociopolitical perspective. Drawing on Lila Abu-Lughod’s feminist paradigm, our anticipated conference would be mainly premised on the intersections between globalism, gender politics, and the political economy.

The conference caught the attention of many international and national feminists, scholars, lawyers, activists, senators, officials, policy makers, and academics. It also drew considerable interest from the media in Jordan. The conference was covered by the most influential and popular Jordanian media outlets that include, but are not limited to, the Jordan Times, Petra News Agency, Alrai, Addustour, Alghad, and the University of Jordan’s website. All media reports released on the conference noted the significance of the conference in fighting all forms of gender-based violence in Jordan.

Taking the major proceedings and recommendations of the conference into account, I would argue that gender-based violence in Jordan is still a serious sociopolitical and cultural problem that should be faced and resisted by all levels of the private and public sectors. In a nutshell, there should be a substantial strategic collaboration between all government and nongovernmental institutions. With that in mind, in my capacity as a Jordanian writer, activist, and intellectual, I am determined to keep fighting this crisis in every possible way and exert tremendous efforts to raise cultural and social consciousness about gender-based violence in Jordan. 

 

Dr. Tayseer Abu Odeh, an organizer of the conference.


References

“Strengthening the Jordanian Justice Sector’s Response to Cases of Violence against Women,” United Nations Women, 2016.


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Detailed arguments made in the panels are summarized below.

Panel 1: Legal and Justice Services in Jordan

The first panel of the conference was titled “Legal and Justice Services in Jordan.” Asma Khader, a leading human rights lawyer and former minister of culture, addressed the way in which gender-based prosecution is carried out in Jordan. Khader shed light on the social, cultural, and legal contexts of juridical prosecution in Jordan. Khader argued that many prosecutors who are in charge of gender-based violence cases and the implementation of the legal system lack sufficient legal, sociopolitical, and cultural literacy and professional training.

The second speaker, Reem Abu Hassan, a leading human rights lawyer and former minister of social development, discussed gender violence from a legal perspective. Drawing on her perspective, Abu Hassan also contended that cultural and social stereotypes are considered to be one of the most pressing issues that have shaped the various structures of gender trouble in Jordan.

The third speaker of this panel was Fakhri al Qatarneh, director of the Family Protection Program. Qatarneh examined the role of the program in facilitating the multiple services that are offered for gender-based violence survivors in Jordan. Unlike Khader and Abu Hassan, Qatarneh argued that the increasing number of complaints that have been recently reported to the Family Protection Program is an indicator of people’s awareness of gender-based violence in Jordan. Qatarneh’s argument sounded somewhat contradictory, as it confirmed an ideological discourse of denial that has been sustained by government officials whenever they address gender-based violence in Jordan.

Panel 2: The Role of National, International, and Civil Society in Jordan

The second panel addressed the role of national, international, and civil society in reinforcing sufficient and effective services that have to do with gender-based violence in Jordan. The first speaker was Yara Al Deer, a researcher at the Arab State Regional Office of the United Nations Population Fund. Al Deer pointed out that national and local institutions of healthcare, justice, and social development sectors should collaborate and cooperate more effectively to implement a range of feasible procedures of social, psychological, and legal support for survivors.

The second speaker, Dr. Mohammad Fakhri Meqdady, secretary general of the National Council for Family Affairs in Amman, highlighted the role of the NCFA in fighting gender-based violence in Jordan in light of various social and political transformations. Meqdady noted that a family protection project was initiated to protect a large number of survivors in Jordan. He also stressed the importance of collaboration among government and nongovernmental institutions that fight gender-based violence in Jordan from statistical, procedural, and legal perspectives.

Dr. Salma Nims was the third speaker of this panel. She is secretary general of the Jordanian National Commission for Women in Jordan. She addressed the dynamic and vital way in which the political and social roles of the Jordanian National Commission for Women are played. According to Al Nims, the commission is in charge of the following responsibilities: ensuring a convenient and applicable environment, revising the legal system, opening up a powerful and face-to-face dialogue with the government, building up an effective dialogue with the civil society in order to agree on specific legal amendments and revisions, and enforcing an active form of cooperation among all government and nongovernmental institutions to fight gender violence in Jordan. Such a dynamic role, however, is diminishing due to lack of institutionalism and bureaucracy.  

Dr. Ibrhim Aqil, director of the Noor Al Hussein Center for Family Health Care, was the last speaker of this panel. Aqil explored how civil society can imagine and offer alternative and feasible services for survivors of gender-based violence in Jordan. Aqil juxtaposed the interplay between data of gender-based violence, getting access to these data, and the right to get adequate and efficient services. He also placed an emphasis on the indispensable nature of multiple services that should be offered for survivors. These services include protective, educational, legal, administrative, social, and psychological procedures.

Panel 3: Gender-Based Violence in the Healthcare Sector

The third panel was titled “Gender-Based Violence in the Healthcare Sector.” Dr. Malak Al Ouri, director of Women’s Healthcare in the Ministry of Health, examined the role of the Ministry of Health in the reinforcement of health services for traumatized women in Jordan. Al Ouri discussed how the family violence department plays a vital role in handling gender-based violence issues in Jordan. In addition, a number of professional committees have been initiated by the ministry to follow up on all cases of gender violence in Jordan and make sure that each case is reported and documented immediately and rigorously. However, there is a built-in flaw in the institutionalized and scholarly documentation of such kind of cases arising from governmental bureaucracy, cultural stigmatization, and lack of cooperation between government and nongovernmental institutions regarding gender-based violence.

Dr. Maha Darwish, an expert on gender-based violence with the United States Agency for International Development, also addressed alternative and feasible services to rehabilitate gender-based victimizers from a psychosocial perspective. Darwish suggested psychological procedures to rehabilitate victimizers and ensure a professional training program designated by the Ministry of Health and other local institutions. 

Panel 4: Gender-Based Violence in the Social Development Sector

Panel four was concerned with gender-based violence in the social development sector. Amer Hiasat, director of the Social Development Program in Amman, discussed the multiple ways in which social protection for gender-based victims is maintained and carried out by the Ministry of Social Development. Hiasat asserted that the ministry has a crucial role in offering beneficial services for survivors of gender-based violence in Jordan. Nevertheless, this role is still flawed due to multiple bureaucratic and institutional inconsistencies.

Meanwhile, Eva Abu Halawa, director of Mizan Organization for Women’s Rights, put forward a number of suggested methods that civil society should use to protect survivors of gender-based violence. She contended that raising gender consciousness among people is a national priority that should be taken into account in fighting gender-based violence in Jordan. She also suggested creating more specialized counseling departments for training legal prosecutors and employees who handle cases of gender-based violence.

The last speaker of this panel was Dr. Amal Al Awawdeh, a professor of gender studies at the Center for Women’s Studies, University of Jordan. She interrogated the professional and technical competence of government social specialists who are in charge of handling gender-based violence in Jordan. Her findings are premised on the lack of effective professionalism among government social specialists and how such a flaw impacts social and counseling intervention and protective programs that have been employed by the Ministry of Social Development.

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Designing Food for the Future

October 31, 2019
By 24920

Global warming has accelerated sharply in the past five years. Mitigating the catastrophic effects of climate change will require path-breaking changes in every facet of our lives—particularly in the way we travel and the way we eat. Kabira Namit, a 2014 Sylff fellow at Princeton University, highlights a radical approach to revolutionize food production over the next few decades that he and other fellows discussed at the Sylff Leaders Workshop in April 2019. This post was written in collaboration with Salvia Zeeshan, a post-doctoral fellow at Johns Hopkins University, with additional assistance from Prabhmeet Kaur.

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What’s Wrong with the Way We Eat?

To put it simply, we eat a lot of meat. Raising livestock produces a fifth of human-related greenhouse gas emissions. Also, livestock farming utilizes 70% of the earth’s arable land, 30% of the earth’s fresh water, and around 46% of all crop-production for feed.[1]

Beyond the pressures on our environment, there is also an ethical argument to be made toward changing our current behavior. We slaughter more than 50 billion chickens per year—animals with abilities that may be comparable to human toddlers. Also, nearly 1.5 billion pigs and 500 million sheep[2] find their way to the abattoir each year. The conditions in which we keep these animals before they are killed are best left unimagined.   

Also, meat consumption is linked to an array of health problems like the transfer of animal diseases, high cholesterol, and the increased risk of cancer.

Is Vegetarianism the Solution?

Ideally, yes. Turning to vegetarian diets would reduce greenhouse gas emissions, reduce our expenditure on healthcare, and provide more food security to the world’s population. There is definite evidence to suggest that people are becoming more conscientious and reducing their meat consumption. For example, in the US, consumers identifying themselves as vegans rose from 1% to 6% between 2014 and 2017;[3] in the UK the number has grown fourfold from 150,000 to 600,000 between 2014 and 2018.[4]

However, this is not enough, as only 375 million out of the 7.7 billion individuals[5] on this planet follow vegetarian/vegan diets. Also, let’s be honest—given that humans have been eating meat since the dawn of our species, attempts to switch the entire human race to vegetarianism seem utopian. We get protein from meat consumption and tend to relish dishes like steaks, sashimi, and sushi. Eating meat on certain days is also considered a tradition and a symbol of prosperity.

Can We Continue Eating Meat while Combating Climate Change?

Lab-grown meat—cultured meat or clean meat, as it is also known—has been around for nearly a decade now and may be the solution to this intractable problem. Lab-grown meat is identical to conventional meat at the cellular level and is grown from animal muscle cells in a laboratory. The bioreactor that is used in producing this meat is similar to those used for the fermentation of yogurt or beer. No genetic modification is required for this process, and, since the process is sterile, there is no need for antibiotics.

©Just

It is also much better for the environment. Cultured meat requires 99% less land and 96% less water[6] than livestock. Removing the consumption of conventional meat and dairy products from one’s diet would reduce an individual’s carbon footprint of consumed food by up to 73%. Moreover, we could reduce global farmland use by 75%,[7] an area equivalent to the size of the US, China, Australia, and the European Union combined. Also, no animal needs to be slaughtered for your next steak!

With a soaring global population and a surge in demand for meat from people emerging from poverty, the burden on the earth’s limited ecological resources is only going to worsen. The meat industry estimates an expected increase of 73% in global demand for meat products by 2050.[8] Cultured meat may be just the pivotal revolution we need in food technology. It has enormous implications for meat eaters, the meat industry, and the environment.

So, What’s the Problem?

Currently, costs. Producing meat in a lab remains an expensive affair. The first lab-designed burger that Mark Post produced had a price tag of $330,000,[9] compared to the $2 that people tend to pay for burgers in the United States today. However, costs have been plummeting—Memphis Meats from San Francisco produced a lab-grown meatball for $18,000 in 2016. Just a year later, it produced a synthetic duck à l’orange and chicken nuggets at $6,000.[10]

Industry experts believe that upscaling and positive externalities will result in the same patty being produced for $10[11] in the future. However, research and development remain a costly affair. Also, weaving together muscle and fat tissue is a major hurdle obstructing the production of complex structured cuts, such as steaks, pork chops, and ribs.

Understandably, the industry is also wary of people’s attitudes and preferences. How many people will be open to consuming a lab-grown turkey next Thanksgiving? Or a cultured fish for Chinese New Year?

What Should We Do?

Invest in research! Cost-effective synthetic meat could prove to be a game-changer—not just for our fight against climate change and ethical food production but also in eliminating contamination due to bacteria such as E. coli and Salmonella (as lab meat is cultivated under sterile conditions).[12] Composition of the meat can also be altered to make it healthier by replacing the harmful fats in it to healthier fats, such as omega 3. 

According to researchers at Oxford Martin School, we could save approximately 8 million human lives by 2050[13] if we decrease our reliance on traditional meat production. We could also diminish greenhouse gas emissions by two-thirds, and save $1.5 trillion in healthcare costs and climate-related damage.

We need to urge our governments and policymakers to invest more in such vital research and help feed populations in the future in ethical, eco-friendly, and efficient ways.

[1] Ewing-Chow, D. (2019, June 20). “Is Cultured Meat the Answer to the World’s Meat Problem?” Retrieved from https://www.forbes.com/sites/daphneewingchow/2019/06/20/is-cultured-meat-the-answer-to-the-worlds-meat-problem/.

[2] Thornton, A. (2019, February 8). “This Is How Many Animals We Eat Each Year.” Retrieved from https://www.weforum.org/agenda/2019/02/chart-of-the-day-this-is-how-many-animals-we-eat-each-year/.

[3] Forgrieve, J. (2018, November 2). “The Growing Acceptance of Veganism.” Retrieved from https://www.forbes.com/sites/janetforgrieve/2018/11/02/picturing-a-kindler-gentler-world-vegan-month/#2a6387252f2b.

[4] Smithers, R. (2018, November 1). “Third of Britons Have Stopped or Reduced Eating Meat: Report.” Retrieved from https://www.theguardian.com/business/2018/nov/01/third-of-britons-have-stopped-or-reduced-meat-eating-vegan-vegetarian-report.

[5] Figus, C., Cavaleri, A., & Mottadelli, R. (2014, October 27). “375 Million Vegetarians Worldwide. All the Reasons for a Green Lifestyle.” Retrieved from http://www.expo2015.org/magazine/en/lifestyle/375-million-vegetarians-worldwide.html.

[6] Ewing-Chow, D. (2019, June 20). “Is Cultured Meat the Answer to the World’s Meat Problem?” Retrieved from https://www.forbes.com/sites/daphneewingchow/2019/06/20/is-cultured-meat-the-answer-to-the-worlds-meat-problem/.

[7] Petter, O. (2018, August 29). “Going Vegan Is ‘Single Biggest Way’ to Reduce Our Impact on the Planet, Study Finds.” Retrieved from https://www.independent.co.uk/life-style/health-and-families/veganism-environmental-impact-planet-reduced-plant-based-diet-humans-study-a8378631.html.

[8] Salvage, B. (2011, December 14). “Global Meat Consumption to Rise 73 Percent by 2050: FAO.” Retrieved from https://www.meatpoultry.com/articles/4395-global-meat-consumption-to-rise-73-percent-by-2050-fao.

[9] Burningham, G. (2016, May 25). “Lab-Grown Beef Will Save the Planet—And Be a Billion-Dollar Business.” Retrieved from https://www.newsweek.com/lab-grown-beef-will-save-planet-and-be-billion-dollar-business-430980.

[10] Cassiday, L. (2018, February). “Clean Meat.” Retrieved from https://www.aocs.org/stay-informed/inform-magazine/featured-articles/clean-meat-february-2018.

[11] Ireland, T. (2019, May 30). “The Artificial Meat Factory—The Science of Your Synthetic Supper.” Retrieved from https://www.sciencefocus.com/future-technology/the-artificial-meat-factory-the-science-of-your-synthetic-supper/.

[12] Nishitani, A. (2011, March 30). “Food of the Future: In Vitro Meat?” Retrieved from http://sitn.hms.harvard.edu/flash/2011/issue90/.

[13] Springmann, M.C.J., Godfray, H.C.J., Rayner, M.C.J., & Scarborough, P.C.J. (2016). “Analysis and Valuation of the Health and Climate Change Cobenefits of Dietary Change.” Proceedings of the National Academy of Sciences, 113(15), 4146–4151. DOI: 10.1073/pnas.1523119113.kabi.

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Sylff@Tokyo: Thriving in Utrecht’s International Atmosphere

October 30, 2019

Anna-Liis Sutt, a current Sylff fellowship recipient at Utrecht University, visited the Sylff Association secretariat in Tokyo on August 20, 2019. Having just earned a bachelor’s degree in economics at Utrecht, she was visiting Japan for the first time before beginning her master’s program at the Utrecht University School of Economics in the fall.

Sutt, standing second from right, during her visit to the Sylff Association secretariat.

During the two-year master’s program, Sutt is interested in investigating allegations of money laundering by EU financial institutions from a legal perspective. It is a topical theme that, she feels, is under-researched.

Sutt was born in Estonia and grew up in the United States and Luxemburg. She thrives in the international atmosphere of student life at Utrecht. As an undergraduate student, Sutt represented international students in the student council and made certain that their views were reflected in university decisions and regulations.

She hopes to continue to represent student groups as a graduate student. In the future, Sutt is interested in working in the public sector for such organizations as the International Monetary Fund. We wish her success at Utrecht in both her academic and social-oriented activities.