Governance

FSI's research on the origins, character and consequences of government institutions spans continents and academic disciplines. The institute’s senior fellows and their colleagues across Stanford examine the principles of public administration and implementation. Their work focuses on how maternal health care is delivered in rural China, how public action can create wealth and eliminate poverty, and why U.S. immigration reform keeps stalling. 

FSI’s work includes comparative studies of how institutions help resolve policy and societal issues. Scholars aim to clearly define and make sense of the rule of law, examining how it is invoked and applied around the world. 

FSI researchers also investigate government services – trying to understand and measure how they work, whom they serve and how good they are. They assess energy services aimed at helping the poorest people around the world and explore public opinion on torture policies. The Children in Crisis project addresses how child health interventions interact with political reform. Specific research on governance, organizations and security capitalizes on FSI's longstanding interests and looks at how governance and organizational issues affect a nation’s ability to address security and international cooperation.

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PESD senior fellow and Nobel laureate in Physics, Burton Richter, explains why an inclusive internationalization policy of both ends of the nuclear fuel-cycle can provide much needed carbon-free energy while limiting the potential for the proliferation of nuclear weapons. He insists that the nuclear proliferation problem can be remedied by a tightly monitored program through international policy and diplomacy where incentives to tame proliferation are increased, inspections are more rigorous, and a sanctions program is agreed upon and adhered to.

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The Clean Development Mechanism (CDM) of the Kyoto Protocol is the first global attempt to address a global environmental public goods problem with a market-based mechanism. The CDM is a carbon credit market where sellers, located exclusively in developing countries, can generate and certify emissions reductions that can be sold to buyers located in developed countries. Since 2004 it has grown rapidly and is now a critical component of developed-country government and private-firm compliance strategies for the Kyoto Protocol. This Article presents an overview of the development and current shape of the market, then examines two important classes of emission reduction projects within the CDM and argues that they both point to the need for reform of the international climate regime in the post-Kyoto era, albeit in different ways. Potential options for reforming the CDM and an alternative mechanism for financing emissions reductions in developing countries are then presented and discussed.

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UCLA Law Review
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By most measures, including Kuwait Petroleum Corporation’s ability to meet its own targets, the enterprise performs poorly.  Many of the problems are traceable to the profound dysfunction and fragmentation of the government, which translate into excessive interference and incoherent governance of the sector.  Government ministers are appointed by the Emir, but then these same ministers face withering scrutiny from the elected National Assembly, encouraging excessively cautious behavior.  Sector strategy reflects the whims of the oil minister, but five different people have held this post since 2000.  Unworkable governance structures inhibit effective strategy and execution: for example, the oil minister may approve a decision in his role as chair of the board of KPC and then overturn it with his ministerial hat on.  Bureaucratic requirements including extreme micromanagement of procurement and a tortuous budget process make it nearly impossible for KPC to run like a normal oil company.  On top of these problematic interactions with government, management and engineering talent within the company itself are generally weak, notwithstanding the presence of some excellent and knowledgeable senior managers.  People are given posts with insufficient experience and knowledge—a reflection of a governance system laden with political interference in the appointment and promotion of personnel and, increasingly, removed from the frontier of the industry.

 

In recent years these fundamental problems have been disguised by relatively high oil prices.  The small population and large accumulated reserve funds have helped paper over the cracks, and thus these severe problems in the oil sector could persist for a long time without creating a crisis in the country.  At the same time, increasing geological challenges in Kuwaiti fields, popular resistance to more deeply involving international oil companies, and political gridlock that makes it difficult to resolve problems quickly have created a dangerous situation for the sector.  If oil prices slip as the cost basis rises and KPC lags in performance, the problems could unfold quickly in a society where the population has become used to living in a rentier society with extensive and expensive benefits and pension rights.

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By most measures, including Kuwait Petroleum Corporation's ability to meet its own targets, the enterprise performs poorly.  Many of the problems are traceable to the profound dysfunction and fragmentation of the government, which translate into excessive interference and incoherent governance of the sector.  Government ministers are appointed by the Emir, but then these same ministers face withering scrutiny from the elected National Assembly, encouraging excessively cautious behavior.  Sector strategy reflects the whims of the oil minister, but five different people have held this post since 2000.  Unworkable governance structures inhibit effective strategy and execution: for example, the oil minister may approve a decision in his role as chair of the board of KPC and then overturn it with his ministerial hat on.  Bureaucratic requirements including extreme micromanagement of procurement and a tortuous budget process make it nearly impossible for KPC to run like a normal oil company.  On top of these problematic interactions with government, management and engineering talent within the company itself are generally weak, notwithstanding the presence of some excellent and knowledgeable senior managers.  People are given posts with insufficient experience and knowledge-a reflection of a governance system laden with political interference in the appointment and promotion of personnel and, increasingly, removed from the frontier of the industry.

In recent years these fundamental problems have been disguised by relatively high oil prices.  The small population and large accumulated reserve funds have helped paper over the cracks, and thus these severe problems in the oil sector could persist for a long time without creating a crisis in the country.  At the same time, increasing geological challenges in Kuwaiti fields, popular resistance to more deeply involving international oil companies, and political gridlock that makes it difficult to resolve problems quickly have created a dangerous situation for the sector.  If oil prices slip as the cost basis rises and KPC lags in performance, the problems could unfold quickly in a society where the population has become used to living in a rentier society with extensive and expensive benefits and pension rights.

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PESD Working Paper #78
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The Clean Development Mechanism (CDM) is a means for industrial nations, known as Annex 1 countries, to meet their greenhouse gas emissions reductions targets by taking credit for reductions from projects they fund in developing countries. The idea is that projects to reduce emissions will cost less to develop and implement in the developing countries where technology is further behind. Industrialized countries can achieve more reductions via investment in the developing countries, achieving greater emissions reductions for less sunk cost. At least this is the idea under the Kyoto Protocol. A researcher at the Program on Energy and Sustainable Development (PESD), Michael Wara says this, in fact, is not how the CDM is working.

Wara lectures at Stanford Law School, teaching the popular class International Environmental Law. A graduate of Stanford Law School, Wara also has a PhD in Ocean Sciences from the University of California, Santa Cruz. His doctoral work on the interaction between climate change and oceanatmosphere dynamics in the tropics echoes in his current research on the CDM. He understands the science of greenhouse gases and how they affect Earth and its climate. One of those greenhouse gases is HFC-23, a byproduct of manufacturing refrigerants. HFC-23 is one of the gases countries targeted to reduce under the CDM; it can be eliminated rather easily and has been seen as the “low hanging fruit” of the CDM. In fact, more than half the greenhouse gas reductions of CDMs to date have been reached via reducing HFC-23 in developing counties. For the reductions, the project sponsor countries receive credits to put toward meeting their own reductions targets. These credits are called Certified Emission Reductions or CERs.

This is where Wara noticed a big discrepancy between what was credited through the CDM and what was actually happening on the ground. The CERs are not just feel-good pieces of paper that countries collect as proof of their doing good but are certifications of equivalent reductions of one metric tonne CO2 emissions. Carbon is the standardizing greenhouse gas and so regardless of what greenhouse gas is reduced with the CDM the sponsoring country is credited with CERs. But these “carbon credits” have a value—carbon is a traded commodity on many global markets. Wara could directly compare the CDM effect versus the credits issued. Since the cost of implementing the reductions was known or could be calculated, and since the credits were standardized to a greenhouse gas being traded on an open market, Wara could quantitatively critique the CDM.

Wara’s finding showed a major flaw in the CDM design. Looking at the large percentage of greenhouse gas reductions met within the CDM by eliminating HFC-23, the value of the credits created by these reductions were more than four times as valuable as the cost of implementing the reductions. This is not small change, as billions of dollars worth of CERs have been credited for the projects. What is more, the credits for eliminating the HFC-23 byproduct of manufacturing refrigerant were far more valuable than the refrigerant itself, creating incentives to build these manufacturing plants in order to cash-in on the CERs. Exposing these loopholes has brought attention to Wara’s work. He has presented his findings at numerous conferences and published his report (Nature 445, 595-596 (8 February 2007) doi:10.1038/445595a) and derivatives broadly. Wara continues to study the CDM and the global market for greenhouse gases and the post-Kyoto regime for reducing their emissions.

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David G. Victor
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David G. Victor is a professor at Stanford Law School and directs the Freeman Spogli Institute's Program on Energy & Sustainable Development; he is also adjunct senior fellow at the Council on Foreign Relations.

What to do about Mexico's oil company, Pemex, may seem like a parochial issue of interest only to Mexicans and a few oil industry executives. But the matter should be of concern to anybody who is wondering when oil will come down off its near-record highs.

Pemex generates two fifth's of the Mexican government's income and is a lucrative employer, but it is ailing from neglect. For years the government has milked Pemex of cash without giving it the wherewithal to invest in and develop new sources of oil. When President Felipe Calderon proposed last week to reform Pemex and encourage more private investment in oil exploration and refining, his leftist opponents shut down the country's legislature in protest. Pemex, they claimed, is a cherished national treasure that must not be pushed into private hands.

Mexico is hardly the only country that treats its state oil companies as ATMs for governments, unions, cronies and others who siphon the rich benefits for themselves. A large fraction of the world's oil patch is struggling with the problem that bedevils Calderon: how to make state-owned oil companies (which control about three quarters of the world's oil reserves) more effective at finding and producing oil. Veneuzuela's oil output is flagging. Russia's state-owned gas company, Gazprom, is on the edge of a steep decline in production. And in different ways many of the world's state-owned oil companies are struggling to keep pace with rising demand. Simply privatizing them is politically difficult, and thus most of the world's oil-rich governments are struggling to find ways to make state enterprises perform better.

Even among state oil companies, Pemex's performance is notably poor. Used as a cash cow for the government, Pemex has never been able to keep enough of its profits to invest in exploration and better technology, the lifeblood of the best oil companies. Until a few years ago, Pemex invested essentially nothing in looking for new oil fields. It relied, instead, on the aging Cantarell field, which was discovered in the 1970s not by Pemex but by fisherman who were angry that the seeping oil was fouling their nets and assumed that Pemex was to blame. Pemex brought the massive field online with relatively simple technology. A scheme in the late 1990s extended the life of the field, but that effort has run out of steam. On the back of Cantarell's decline, total output from Pemex is sliding; some even worry that Mexico could become a net importer of oil in the next decade or two. They're probably wrong, but even the idea makes people nervous.

At times over the last few decades (including today) Pemex has been blessed with a dream team of smart managers, but even they have not been able to reverse the tide of red ink. That's because the company's troubles run so deep that even the best management can't fix them. Indeed, the most striking thing about Calderon's proposed reforms is that they don't go nearly far enough to make Pemex a responsive company, even though they are on the outer edge of what's probably politically feasible in Mexico.

For example, Calderon proposes a new system of "citizen bonds" that will help bring capital to the company (and because they would be owned by the public, these bonds would help blunt the legal block to any reform—Mexico's Constitution requires that its hydrocarbons be owned by the people). Money alone, though, won't reverse Pemex's fortunes. Part of the problem is that risk taking, which is essential to success in oil, is strongly discouraged. My colleagues at Stanford, in a study released last week, have shown that a system of tough laws that control procurement make managers wary of projects that could fail. Although such laws are designed to help stamp out corruption, a noble goal, they are administered by parts of the Mexican government that know little about the risky nature of the oil business.

Pemex's ability to control its own investment capital is probably more important to its success than anything else. The firm, though, has been hobbled because the government keeps all profits for use in the federal budget and the finance ministry has the final word on all Pemex investments. Solving that problem would require distancing government from the oil company. Given that the government is dependent on Pemex cash, that is politically risky. In fact, the real foundation for Calderon's reforms announced last week actually happened long ago when he first took office and spearheaded an effort to change Mexico's tax system. Much of the Mexican economy doesn't pay taxes to the government, which explains why its need for cash from Pemex is particularly desperate. Those tax reforms, however, are too modest to make a fundamental difference in the government's dependence on Pemex.

Calderon's reforms seem unlikely to solve the politically hardest task: reigning in the Pemex workers' union, which favors projects that generate jobs and benefits for its members. The union is well-connected to Mexico's left-leaning political parties, which helps explain why those same parties are so wary of "privatization." In fact, Calderon's proposals would not privatize the companies, but the union and the left know that cry will rally the people to prevent change.

Elsewhere in the world a thicket of similar, interlocking problems loom over the oil patch. Kuwait has a procurement system much like Mexico's, with a similarly perverse effect on the incentives for workers in that country's oil company to take risks and perform at world standard. Even in Brazil, whose state oil company is one of the best performing, has a hard time keeping the government at bay when it comes to taxing oil output. Two massive new oil finds over the last six months have kindled discussions in Brazil about raising the tax rate and channeling ever more of the oil output for government purposes. In Venezuela, where Chavez has taken a good oil company and run it into the ground, the burden of public projects is so great that the oil company can no longer focus on actually producing oil efficiently, and production is in decline.

The odds are that Calderon will make some reforms but won't transform Pemex. And that outcome, multiplied through state-owned oil companies around the world, suggests that oil output will increase only sluggishly. With demand still strong, oil prices are set to stay high for some time.

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Ognen Stojanovski
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PESD has just released an 87-page case study of Petróleos Mexicanos (Pemex), Mexico's national oil company. In "The Void of Governance: An Assessment of Pemex's Performance and Strategy," researcher Ognen Stojanovski examines how the state-owned company functions and details some of the profound challenges faced by reformers.

Mexico's Petróleos Mexicanos, or Pemex, is the world's third-ranked company by oil production. Almost 40% of the Mexican government budget is derived from Pemex revenues, leaving the country highly exposed to a drop in oil prices and the company itself strapped for cash to support much-needed investment. At the same time, the company has been progressively de-skilled over the decades by an exclusive focus on financial returns for the government, constitutional restrictions on foreign participation in the oil sector, and suffocating interference by diverse government agencies and the powerful workers' union.

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Mexico's Petróleos Mexicanos, or Pemex, is the world's third-ranked company by oil production. Almost 40% of the Mexican government budget is derived from Pemex revenues, leaving the country highly exposed to a drop in oil prices and the company itself strapped for cash to support much-needed investment. At the same time, the company has been progressively de-skilled over the decades by an exclusive focus on financial returns for the government, constitutional restrictions on foreign participation in the oil sector, and suffocating interference by diverse government agencies and the powerful workers' union.

In this case study, Ognen Stojanovski leverages extensive interviews with present and former Pemex and Mexican government insiders to paint a detailed picture of the organizational dynamics that drive Pemex's performance and strategy. Particularly important are the manifold interactions between Pemex and a host of intrusive, and yet ultimately non-strategic, government agencies, with the net result being extensive government interference and yet no actual government ownership of oil sector performance.

Facing a steep drop-off in the free-flowing oil from the Cantarell field that long provided easy revenues even in the face of weak organizational and technical capability, Pemex now finds itself scrambling to plug the production gap through new investments in exploration. At the same time, politically-popular constitutional restrictions on foreign ownership of Mexican hydrocarbons limit Pemex's ability to enlist foreign help to rapidly develop offshore oil. Current President (and former Energy Minister) Felipe Calderón recognizes the crises of finances, reserves, and oversight that are now facing Pemex, and on April 8, 2008 he proposed a set of reforms to the Mexican Senate. The PESD case study of Pemex elucidates what is needed on the reform front as well as the formidable obstacles that stand in front of Calderón as he attempts to remake Pemex into a strong performer.

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Program on Energy and Sustainable Development Working Paper #73
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Ognen Stojanovski
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As the United States designs its strategy for regulating emissions of greenhouse gases, two central issues have emerged. One is how to limit the cost of compliance while still maintaining environmental integrity. The other is how to "engage" developing countries in serious efforts to limit emissions. Industry and economists are rightly concerned about cost control yet have found it difficult to mobilize adequate political support for control mechanisms such as a "safety valve;" they also rightly caution that currently popular ideas such as a Fed-like Carbon Board are not sufficiently fleshed out to reliably play a role akin to a safety valve. Many environmental groups have understandably feared that a safety valve would undercut the environmental effectiveness of any program to limit emissions of greenhouse gases. These politics are, logically, drawing attention to the possibility of international offsets as a possible cost control mechanism. Indeed, the design of the emission trading system in the northeastern U.S. states (RGGI) and in California (the recommendations of California's AB32 Market Advisory Committee) point in this direction, and the debate in Congress is exploring designs for a cap and trade system that would allow a prominent role for international offsets.

This article reviews the actual experience in the world's largest offset market-the Kyoto Protocol Clean Development Mechanism (CDM)-and finds an urgent need for reform. Well-designed offsets markets can play a role in engaging developing countries and encouraging sound investment in low-cost strategies for controlling emissions. However, in practice, much of the current CDM market does not reflect actual reductions in emissions, and that trend is poised to get worse. Nor are CDM-like offsets likely to be effective cost control mechanisms. The demand for these credits in emission trading systems is likely to be out of phase with the CDM supply. Also, the rate at which CDM credits are being issued today-at a time when demand for such offsets from the European ETS is extremely high-is only one-twentieth to one-fortieth the rate needed just for the current CDM system to keep pace with the projects it has already registered. If the CDM system is reformed so that it does a much better job of ensuring that emission credits represent genuine reductions then its ability to dampen reliably the price of emission permits will be even further diminished.

We argue that the U.S., which is in the midst of designing a national regulatory system, should not to rely on offsets to provide a reliable ceiling on compliance costs. More explicit cost control mechanisms, such as "safety valves," would be much more effective. We also counsel against many of the popular "solutions" to problems with offsets such as imposing caps on their use. Offset caps as envisioned in the Lieberman-Warner draft legislation, for example, do little to fix the underlying problem of poor quality emission offsets because the cap will simply fill first with the lowest quality offsets and with offsets laundered through other trading systems such as the European scheme. Finally, we suggest that the actual experience under the CDM has had perverse effects in developing countries-rather than draw them into substantial limits on emissions it has, by contrast, rewarded them for avoiding exactly those commitments.

Offsets can play a role in engaging developing countries, but only as one small element in a portfolio of strategies. We lay out two additional elements that should be included in an overall strategy for engaging developing countries on the problem of climate change. First, the U.S., in collaboration with other developed countries, should invest in a Climate Fund intended to finance critical changes in developing country policies that will lead to near-term reductions. Second, the U.S. should actively pursue a series of infrastructure deals with key developing countries with the aim of shifting their longer-term development trajectories in directions that are both consistent with their own interests but also produce large greenhouse gas emissions reductions.

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Program on Energy and Sustainable Development Working Paper #74
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David G. Victor
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The developing LNG trade does not have symmetric participants. LNG buyers in continental European and Japan tend to be monopoly gas and electricity companies with incentive and financial ability to sign long-term contracts. In contrast, prospective LNG buyers in the US and the UK participate in competitive wholesale markets and regulatory oversight with disincentives for volume commitments. As a result, integrated LNG sellers use US and UK as "markets of last resort" with implications for variability in actual LNG deliveries and for the division of rents in the growing LNG trade.

This text is a working paper version of Chapter 5 in Mark Hayes' doctoral dissertation to be published in 2007 by Stanford University Press.

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Mark H. Hayes
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