Sunday, May 27, 2018

The proposed change to the Bankruptcy Code must treat homebuyers a step above lender.. . .

Eomebuyers parted of their money by real estate developers have some relief coming their way. The Union Cabinet has cleared an ordinance amending the Insolvency and Bankruptcy Code (IBC), a law which came into force in November 2016 to hasten the process of winding up failed businesses. While the government refused to divulge specific details of the amendment, the change to the law is expected to help offer better treatment to homebuyers when it comes to recovering their dues from bankrupt companies. A 14-member panel formed by the Ministry of Corporate Affairs had recommended last month that homebuyers should be treated as financial creditors during the bankruptcy resolution process. It is yet to be known whether homebuyers will be treated better or worse than banks and other financial lenders under the amended law. But there is a sound reason to treat them a step above these traditional lenders. Economically speaking, homebuyers are not creditors but only customers to real estate developers. Unlike traditional creditors such as banks and institutional investors, they do not offer their money in expectation of excess returns. Homebuyers simply want the delivery of a good that was promised to them. It is thus unfair to push homebuyers, who did not choose to risk their money on an uncertain venture in the first place, down the pecking order when it comes to sharing the spoils of a bankrupt entity.
Until now, homebuyers have had to knock on the doors of the courts to uphold their rights, while other stakeholders benefited significantly at their cost. The travails of several homebuyers in the Jaypee insolvency case, in which the Supreme Court had to intervene in favour of homebuyers in the bankruptcyresolution process, is a case in point. The amendment, if it meets expectations, could also reduce the inconsistencies between the IBC and the Real Estate Regulation Act (RERA). While RERA was introduced with the goal of protecting the rights of buyers by ensuring the timely and honest delivery of homes, they have had to be content with a relatively low status among the various stakeholders in a bankruptcy proceeding. In fact, buyers have been treated as unsecured creditors. The removal of this inconsistency can help courts deliver better justice to homebuyers in the future. Along with RERA, the proposed amendment can go a long way in stopping unscrupulous real estate developers from fleecing homebuyers with promises that they cannot really keep. While upholding homeowner rights could cause pain to wayward real estate developers and large creditors like banks, it will help in the development of a transparent and more efficient real estate market.


PM Modi’s meeting with the Russian President signals a necessary recalibration Riko Mahato

With his visit to Sochi to meet Russian President Vladimir Putin for a day-long “informal summit”, Prime Minister Narendra Modi appeared to set a new normal in his foreign policy outreach. As was his Wuhan meeting with Chinese President Xi Jinping, the Sochi visit was aimed at resetting and rebalancing bilateral ties that have weakened over the past few years. The special understanding between India and Russia has frayed, with India drifting closer to the U.S. and Russia to China. The personal touches — hugs, handshakes, a boat ride on the Black Sea — projected the impression of two strong leaders addressing each other’s concerns “man to man”. Substantively, Mr. Modi’s visit was premised on a number of new realities facing India. First, India’s existing dependence on Russian military hardware, with orders for about $12 billion more in the pipeline, must not be jeopardised at any cost. These have been made more difficult by a new U.S. law (Countering America’s Adversaries Through Sanctions Act) that would hit India’s big-ticket hardware purchases and energy deals from Russia, and Mr. Modi would have wanted to reassure Mr. Putin that India will not bow to such pressure. Second, Russia’s recent military exercises and helicopter sales to Pakistan as well as its outreach to the Afghan Taliban have been viewed with deep concern by India, which has sought to extract assurances that this would not in any way hurt its national security interests. Third, the new push to strengthen ties is driven by the global instability that the Donald Trump administration has set off. India appears to have decided it can no longer depend on consistency in the U.S.’s foreign policy.
As a result, the recalibration of Mr. Modi’s foreign policy from its perceived Western tilt to a more even-handed approach of aligning with all in India’s interests is welcome. Informal summits of the kind in Sochi and Wuhan are also useful to break the ice and reset relations when needed. But a comprehensive shift in foreign policy must be accompanied by greater transparency. If India is contemplating a turnaround from its earlier postures with world powers, it needs to explain the change of course. The secrecy surrounding Mr. Modi’s dashes to Wuhan and Sochi is intriguing since he is already scheduled to meet both Mr. Xi and Mr. Putin at least twice in the next two months, at the Shanghai Cooperation Organisation summit in Qingdao and the BRICS summit in Johannesburg. Even more curious are the official outcomes of the informal summits that India and China will cooperate in Afghanistan, while India and Russia will coordinate on the Indo-Pacific. Both have hitherto only been referenced in India’s ties with the U.S. and its allies, Europe, Japan and Australia. Without clarity, at a time of global flux India may appear to be attempting to travel in two boats at once.

Missed opportunity: on cancellation of Trump-Kim summit . . .

American President Donald Trump’s abrupt decision to call off his planned June 12 meeting with North Korean leader Kim Jong-un in Singapore has not only dashed hopes of a breakthrough but also heightened risks of a confrontation on the Korean peninsula. It brings a very unusual spell of diplomacy full circle. Unlike the standard practice of announcing landmark summits after working out an understanding on the agenda through quiet diplomacy, Mr. Trump accepted Mr. Kim’s invitation in March and let it be known to the public immediately. That was surprising given the acrimony in both Mr. Trump’s and Mr. Kim’s public utterances over the past year. Once Mr. Trump had cleared the summit proposal, North Korea also moved fast, making a series of gestures meant to smoothen the path for the meeting. In end-April, there was a summit between Mr. Kim and South Korean President Moon Jae-in at a border village in the demilitarised zone. The North pledged to halt nuclear and missile tests, and released three Korean-Americans. And, hours before Mr. Trump cancelled the summit on Thursday, it dismantled its Punggye-ri nuclear test site — critics say it was already inoperable, but that was a symbolic gesture nonetheless.


The United States should have taken into account these steps by the North rather than harp on the rhetoric. It could also have made some goodwill gestures to lighten the air, such as cancelling a joint military exercise with South Korea. But it went ahead with the military drill, with Pyongyang slamming both Washington and Seoul even as preparations for the summit were under way. Besides, Mr. Trump’s new National Security Adviser, John Bolton, angered the North Koreans by suggesting that Mr. Kim could follow the 2003 Libyan disarmament model. This was followed by Vice President Mike Pence’s threat that Mr. Kim could meet the same fate as Muammar Qadhafi — who was killed by rebels after a NATO-led invasion in 2011 — if he failed to reach a deal with the U.S. This triggered the unravelling of the summit, with the North once again warning the U.S. of a nuclear showdown. Despite the setback, hopes for an eventual one-to-one meeting still exist. In a letter to Mr. Kim, Mr. Trump said the North was welcome to return to talks if it changed its attitude towards the U.S. Pyongyang also issued a conciliatory response, saying that it hoped the U.S. President would reconsider his decision to “unilaterally” cancel the summit. Both Mr. Trump and Mr. Kim should keep in mind the larger goal of de-escalation of tension, if not outright denuclearisation, on the peninsula and work to reschedule the summit. The only sound way to address the Korean nuclear crisis is diplomacy.

Opposition parties need to agree on a political agenda and a tactical alliance to defeat the BJ

A string of  defeats is the common thread holding the opposition parties together against the Bharatiya Janata Party ahead of the 2019 Lok Sabha election .

Ideological divides have been papered over and tactics reworked in the quest to stop the BJP from getting a second consecutive term. The post-poll alliance stitched together by the Congress with the Janata Dal (Secular), which allowed for the swearing-in of JD(S) leader H.D. Kumaraswamy as Chief Minister, provided the occasion for a show of hands in unity in Bengaluru. But more significant than winning over the JD(S) was the presence of Bahujan Samaj Party leader Mayawati on the front stage. Former Congress president Sonia Gandhi, still the most respected leader in her party, seemed to share a special moment on the dais with Ms. Mayawati. Of course, the ground for the coming together of the Congress and the BSP was set much earlier, when the BSP announced support for the Samajwadi Party in the Lok Sabha by-elections in Gorakhpur and Phulpur constituencies. If the success in the two by-elections presented a rational argument for a larger pre-poll alliance, the BSP’s loss in the Rajya Sabha election following the cross-voting engineered by the BJP gave an emotional edge to Ms. Mayawati’s determination to stop the BJP in the next election. An SP-BSP-Congress-RLD alliance will have the look of a mahajot in Uttar Pradesh, and galvanise Opposition parties elsewhere to make the most of any anti-BJP sentiment.

But the real test for a Congress-led Opposition is to generate an agreed policy programme that will have the support of all the disparate groups. Some of these parties share nothing more than an antipathy to the BJP, while others have allied with the BJP in the past. In many cases, electoral rivalry, and not ideological dissimilitude with the BJP, is the reason for fighting it. Crucially, parties such as the Trinamool Congress and the Telangana Rashtra Samithi are not yet ready to accept the leadership of the Congress in a broad coalition of anti-BJP parties. The TRS has the Congress as its main rival in Telangana, and the Trinamool could possibly be arrayed against an alliance of the Left and the Congress in the next general election. Even the newly formed alliance of the Congress and the JD(S) could run into difficulties on seat-sharing as the two parties are the principal rivals in the southern parts of Karnataka. And the Left will be fighting the Congress in Kerala even if it is amenable to seat adjustments with it in other States. Thus, building a viable alternative to the BJP is far more difficult than coming together for a swearing-in ceremony and raising hands in unison. The Congress will need to show leadership as also a willingness to step back and accommodate smaller, regional players in yoking together an alliance of this nature.

We’re looking at June 12 in Singapore. It hasn’t changed,” says the U.S. President.

U.S. President Donald Trump said on Saturday that things are moving “very nicely” towards a summit on June 12 in Singapore with North Korean leader Kim Jong-un.
“It’s moving along very nicely,” Mr. Trump said at the White House during a meeting with a U.S. prisoner freed by Venezuela.
“We’re looking at June 12 in Singapore. It hasn’t changed,” he said.
Trump rattled the region on Thursday by cancelling his June 12 meeting with Mr. Kim in the Southeast Asian city-state, citing “open hostility” from Pyongyang.
But within 24 hours he reversed course, saying it could still go ahead after productive talks were held with North Korean officials.
“There are meetings going on as we speak,” Mr. Trump said. “I think there’s a lot of goodwill.”
His comments came after North Korea said Mr. Kim was “fixed” on holding the summit with Mr. Trump, raising hopes the historic meeting might still take place after a turbulent few days of diplomatic brinkmanship.
The latest conciliatory declaration from Pyongyang came as the White House confirmed it was sending a team to Singapore to prepare for the talks — a further signal that both sides were moving to cool tensions following a rollercoaster few days on the Korean Peninsula.

Thursday, May 10, 2018

A decade ago, Wikipedia and open-source software were treated as mere curiosities in business circles. Today, these innovations represent a core challenge to how we have thought about property and contract, organization theory and management, over the past 150 years.
For the first time since before the Industrial Revolution, the most important inputs into some of the most important economic sectors are radically distributed in the population, and the core capital resources necessary for these economic activities have become widely available in wealthy countries and among the wealthier populations of emerging economies. This technological feasibility of social production generally, and peer production — the kind of network collaboration of which Wikipedia is the most prominent example — more specifically, is interacting with the high rate of change and the escalating complexity of global innovation and production systems.
Increasingly, in the business literature and practice, we see a shift toward a range of open innovation and models that allow more fluid flows of information, talent, and projects across organization.
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Peer production, the most significant organizational innovation that has emerged from Internet-mediated social practice, is large-scale collaborative engagement by groups of individuals who come together to produce products more complex than they could have produced on their own. Organizationally, it combines three core characteristics: decentralization of conception and execution of problems and solutions; harnessing of diverse motivations; and separation of governance and management from property and contract.
These characteristics make peer production highly adept at experimentation, innovation, and adaptation in changing and complex environments. If the Web was innovation on a commons-based model — allocating access and use rights in resources without giving anyone exclusive rights to exclude anyone else — Wikipedia’s organizational innovation is in problem-solving.
Wikipedia’s user-generated content model incorporates knowledge that simply cannot be managed well, either because it is tacit knowledge (possessed by individuals but difficult to communicate to others) or because it is spread among too many people to contract for. The user-generated content model also permits organizations to explore a space of highly diverse interests and tastes that was too costly for traditional organizations to explore.

Peer production allows a diverse range of people, regardless of affiliation, to dynamically assess and reassess available resources, projects, and potential collaborators and to self-assign to projects and collaborations. By leaving these elements to self-organization dynamics, peer production overcomes the lossiness of markets and bureaucracies, and its benefits are sufficient that the practice has been widely adopted by firms and even governments.
In a networked information economy, commons-based practices and open innovation provide an evolutionary model typified by repeated experimentation and adoption of successful adaptation rather than the more traditional, engineering-style approaches to building optimized systems.
Commons-based production and peer production are edge cases of a broader range of openness strategies that trade off the freedom of these two approaches and the manageability and appropriability that many more-traditional organizations seek to preserve. Some firms are using competitions and prizes to diversify the range of people who work on their problems, without ceding contractual control over the project. Many corporations are participating in networks of firms engaging in a range of open collaborative innovation practices with a more manageable set of people, resources, and projects to work with than a fully open-to-the-world project. And the innovation clusters anchored around universities represent an entrepreneurial model at the edge of academia and business, in which academia allows for investment in highly uncertain innovation, and the firms allow for high-risk, high-reward investment models.

The Impact of the Internet on Society: A Global Perspective

The Internet is the decisive technology of the Information Age, and with the explosion of wireless communication in the early twenty-first century, we can say that humankind is now almost entirely connected, albeit with great levels of inequality in bandwidth, efficiency, and price.
People, companies, and institutions feel the depth of this technological change, but the speed and scope of the transformation has triggered all manner of utopian and dystopian perceptions that, when examined closely through methodologically rigorous empirical research, turn out not to be accurate. For instance, media often report that intense use of the Internet increases the risk of isolation, alienation, and withdrawal from society, but available evidence shows that the Internet neither isolates people nor reduces their sociability; it actually increases sociability, civic engagement, and the intensity of family and friendship relationships, in all cultures.

Our current “network society” is a product of the digital revolution and some major sociocultural changes. One of these is the rise of the “Me-centered society,” marked by an increased focus on individual growth and a decline in community understood in terms of space, work, family, and ascription in general. But individuation does not mean isolation, or the end of community. Instead, social relationships are being reconstructed on the basis of individual interests, values, and projects. Community is formed through individuals’ quests for like-minded people in a process that combines online interaction with offline interaction, cyberspace, and the local space.
Globally, time spent on social networking sites surpassed time spent on e-mail in November 2007, and the number of social networking users surpassed the number of e-mail users in July 2009. Today, social networking sites are the preferred platforms for all kinds of activities, both business and personal, and sociability has dramatically increased — but it is a different kind of sociability. Most Facebook users visit the site daily, and they connect on multiple dimensions, but only on the dimensions they choose. The virtual life is becoming more social than the physical life, but it is less a virtual reality than a real virtuality, facilitating real-life work and urban living.

Because people are increasingly at ease in the Web’s multidimensionality, marketers, government, and civil society are migrating massively to the networks people construct by themselves and for themselves. At root, social-networking entrepreneurs are really selling spaces in which people can freely and autonomously construct their lives. Sites that attempt to impede free communication are soon abandoned by many users in favor of friendlier and less restricted spaces.
Perhaps the most telling expression of this new freedom is the Internet’s transformation of sociopolitical practices. Messages no longer flow solely from the few to the many, with little interactivity. Now, messages also flow from the many to the many, multimodally and interactively. By disintermediating government and corporate control of communication, horizontal communication networks have created a new landscape of social and political change.
Networked social movements have been particularly active since 2010, notably in the Arab revolutions against dictatorships and the protests against the management of the financial crisis. Online and particularly wireless communication has helped social movements pose more of a challenge to state power.
The Internet and the Web constitute the technological infrastructure of the global network society, and the understanding of their logic is a key field of research. It is only scholarly research that will enable us to cut through the myths surrounding this digital communication technology that is already a second skin for young people, yet continues to feed the fears and the fantasies of those who are still in charge of a society that they barely understand.
Read the full article here.
Manuel Castells is the Wallis Annenberg Chair Professor of Communication Technology and Society at the University of Southern California, Los Angeles. He is also Professor Emeritus of Sociology at the University of California, Berkeley; director of the Internet Interdisciplinary Institute of the Open University of Catalonia (UOC); director of the Network Society Chair at the Collège d’études mondiales in Paris, and director of research in the Department of Sociology at the University of Cambridge. He is académico numerario of the Spanish Royal Academy of Economics and Finance, fellow of the American Academy of Political and Social Science, fellow of the British Academy, and fellow of the Academia Europea. He was also a founding board member of the European Research Council and of the European Institute of Innovation and Technology of the European Commission. He received the Erasmus Medal in 2011, and the 2012 Holberg Prize. He has published 25 books, including the trilogy The Information Age: Economy, Society and Culture (Blackwell, 1996–2003), The Internet Galaxy (Oxford University Press, 2001), Communication Power (Oxford University Press, 2009), and Networks of Outrage and Hope (Polity Press, 2012).

Finding funds: On COP28 and the ‘loss and damage’ fund....

A healthy loss and damage (L&D) fund, a three-decade-old demand, is a fundamental expression of climate justice. The L&D fund is a c...