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Author: PRIME Institute

A frivolous lawsuit (2017)

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A frivolous lawsuit (2017)

Asad Malik became a cellular service subscriber of Herring Sky, a private limited company, in 2012. For this purpose, Asad executed the customer services agreement. He had a postpaid connection and had also subscribed to international roaming facility provided by Herring Sky. During July 2013, he went abroad on a
business trip and was utilizing the international roaming facility provided by Herring Sky. While on the trip, he found out that his cellular service had been terminated. He contacted the customer services to inquire about the reason and was informed that his account services had been suspended because he had a liability of Rs. 55,000/-, which far exceeded his credit limit of Rs. 15,000/-.

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Justifying employment termination (2017)

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Mazoomdar was employed under an employment contract as a supervisor at Erste (Pvt) Ltd. Erste had its offices in a few major cities in Pakistan. Its clients were mainly multinational FMCG brands operating in the country. In November 2006, Erste transferred Mazoomdar from its Peshawar office to its country headquarters located in Karachi. Upon Mazoomdar’s failure to join his new place of posting at Karachi, he was terminated from service. Mazoomdar took legal action against Erste and filed a lawsuit in the Labour Court, Peshawar. After the lawsuit was dismissed for lack of jurisdiction, he then approached the court of Civil Judge, Peshawar. This case study is based on the case proceedings of Mazoomdar versus Erste in the court of Civil Judge, Peshawar.

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Not just a purchase (2017)

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Not just a purchase (2017)

Behram entered into an agreement with Ahsan to purchase a real estate property. Ahsan was implied to be acting on behalf of the true owners of the property. Behram paid for the property, took its possession and the title of ownership was transferred to his name. The true owners approached the court seeking to regain ownership of the property as Ahsan was not acting on their behalf while carrying out the transaction. Trial court accepted the plea of the true owners and ordered for annulment of the transaction and ordered Ahsan to pay back the full amount of transaction along with interest for the period. Ahsan was also ordered to pay the cost of litigation to both the parties. Behram and Ahsan separately challenged the decisions against them. High Court upheld the original decision of the trial court.

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Recovering Losses (2018)

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Recovering Losses (2018)

SK Mills (Sugar manufacturing mills) entered in a contract for the sale of sugar with Nasir and Ali.
Nasir and Ali made the full payment in advance to the SK Mills for the delivery of sugar. However, the SK Mills failed to deliver the sugar as per the delivery order; thus signing a new forward contract. The delivery kept on getting delayed each time causing both the parties to sign a new forward contract. Soon Nasir and Ali defaulted on the forward contracts and faced the loss of clientele. Consequently, a lawsuit was filed against the SK Mills in the High Court of Sindh with regards to non-delivery of sugar as per the delivery order. Moreover, Nasir and Ali also demanded the fulfillment of specific terms of the agreement and additionally claimed damages amounting to Rs. 1,000,000,000. Moreover, they requested for the temporary injunction (where court prohibits the defendants from doing a specific act in this particular case; the court directed the SK Mills not to sell sugar to the extent of other party’s claim nor create any third party interest till the disposal of the suit).

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Privatization of Environmentally Critical Spaces

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Pakistan in the recent years has come to terms with several unexpected natural disasters. These events were inimical to infrastructure and livelihoods.Thousands of people have been injured, displaced and killed because of unforeseen floods, droughts, and cyclones. Such natural hazards are a stark reminder of the fact that Pakistan is one of the most vulnerable countries to the effects of climate change. According to the Global Climate Risk Index,Pakistan ranks 33rd overall on the index and 8th on the list of 10 countries most affected by climate change from 1998 to 2017.

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How Strong is the Moral & Economic Foundation of Pakistan” Case of Private Property Rights

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How Strong is the Moral & Economic Foundation of Pakistan” Case of Private Property Rights

Private property right is a basic moral and economic precondition of attaining individual excellence. It is the bedrock institution of capitalism and is essential for the preservation of individual freedom. The right to own property (in any shape or form) is intrinsically linked to personal wellbeing, which in turn maximizes the overall wealth of society.

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EU (revision of) Minimum Residue Level: Potential Effects on South and Southeast Asia (S&SEA) Exporting Micro-Small and Medium Enterprises (MSMEs)

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This country note examines the responses of public and private sector stakeholder to an increase in maximum residue limits (MRL) on agricultural products imposed by the EU. MRL indicates the permissible limit of traces of pesticides left on agricultural products which are intended for food or animal feed. These limits are fixed and regulated by the European Commission. These MRL were revised upwards in January 2018. The revision affected a wide range of product groups comprising citrus fruits, tree nuts, pome fruits, stone fruits, berries and small fruits, cereals, spices, vegetables and sugar plant.

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Foreign Exchange Regulations in Pakistan

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Foreign Exchange Regulations in Pakistan

The Policy Research Institute of Market Economy (PRIME) has published a review of the foreign exchange regulations in Pakistan. The report notes that regulatory policies by the State Bank of Pakistan and other regulators are not conducive to attracting FDI in the country. These regulatory constraints inhibit entry, proper utilization and exit of funds for any foreign investor to invest in startups and venture capital firms in Pakistan. Internationally, countries whose GDP has grown at high rates have been countries which relatively have lesser restrictions on entry of capital as well as foreign direct investment. The publication includes case studies of China, India, Malaysia and Turkey. These countries started off with similar.

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Agricultural products’ exports: Sanitary & PhytoSanitary barriers faced by exporters in Pakistan

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Agriculture is the backbone of Pakistan’s economy. It contributes about 24 per cent of Gross Domestic Product (GDP) and accounts for half of the employed labour force. It is also the largest source of foreign exchange earnings. The importance of agriculture in terms of its contribution to Pakistan’s economy is overwhelming. In fact, the share of agriculture in Pakistan’s GDP is significantly higher than other countries in South Asia.

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Why state should not be in business: A case of Pakistan Steel Mills

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State-Owned Enterprises (SOEs) are used globally by governments for venturing into commercial activities. In Pakistan, there are 204 SOEs categorized into Public Sector Companies (186), Development Finance Institutions (8) and Federal Authorities (10). The Public Sector Companies are further classified as commercial (138) and non-commercial (48)1 . A significant number of SOEs fall in the promotional and advocacy sector followed by energy, transportation and financial sector.

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RCEP: An Opportunity to Increase Pakistan’s Trade & Investment Potential

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RCEP: Opportunity to increase Pakistan’s Trade & Investment

PRIME’s latest report timely informs of a window of opportunity – the Regional Comprehensive Economic Partnership (RCEP) – offering immense trade and investment potential. RCEP links 15 Asia Pacific countries (accounting for 30% of the global GDP) through a Free Trade Agreement (FTA). The report establishes a strong case for Pakistan’s accession to the RCEP with logical arguments, grounded in the incumbent government’s mandate

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Choices for new finance minister

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Choices for new finance minister

Tarin will do well by cutting down wasteful expenditures, reducing tax rates

ISLAMABAD: New Finance Minister Shaukat Tarin has made it clear that his first priority is to achieve a high growth rate of 6-7%. Pakistan is projected to achieve a growth of 1.5% this year.

Our last episode of relatively high growth, up from 4% in 2013 to 5.5% in 2018, was fuelled by the China-Pakistan Economic Corridor (CPEC) funding, which included both loans and investment.

A major contribution was the investment done in the electricity generation sector that saw the country go into an electricity surplus mode.

The theory was straight forward. While the country’s economic managers knew they are making a huge gamble by contracting a high current account deficit, this gamble would pay off in the shape of increased exports on the back of a reliable and cheaper electricity supply. In other words, a reduction in trade account will help reduce the current account gap.

As indicated by approximately $20 billion in current account deficit in 2019, and a growth rate of 1.9%, the economic managers lost the gamble. Their theory – that export earnings would compensate for the borrowed dollars – was proven long as exports remained sticky around $22 billion, while imports kept rising. The electricity demand failed to pick up.

With the record high current account deficit and a meagre growth rate, we reluctantly entered into the 22nd IMF programme, which gave us the well-known recipe – reduce fiscal deficit, liberalise exchange rate and increase power tariffs – to reduce the current account deficit and circular debt.

Pakistan did achieve some goals of the IMF programme, though the current account surplus, that we achieved, could also be attributed to import compression and remittance inflows.

After a visible progress on stabilisation, what should be the priorities of Shaukat Tarin as PTI’s fourth finance minister and what legacy he has received?

Tarin has inherited a current account surplus, but at the same time stagnant exports and an alarming level of public debt, which will limit his options. About 50% of next budget may be spent on repayment of loans. What should he do to achieve his growth targets?

If history is any guide, just two years to elections, and a popular perception of economic failure (despite achieving macroeconomic stability), a high growth rate can only be achieved by increased public spending – whether this is financed by borrowing or by investment.

Unfortunately, foreign direct investment has been falling for the last one year and despite registering improvement in the ease of doing business, Pakistan is not attracting fresh investments from abroad. Local investments through real estate mobilisation would not help in the current account, though it will help in growth. The only other short-term option is more borrowing – and re-ploughing public investment. This strategy is a recipe for disaster and will land us in the next IMF programme. The finance minister must not resort to more borrowing, and I dare say even for development for now.

In the short term, he will do well by adopting following three goals: cutting down wasteful expenditures, rationalisation of subsidies, and reducing tax rates.

The first two goals can generate around Rs1 trillion in savings and the third goal can increase disposable income of firms and households. This is all achievable in one fiscal cycle and will have positive effects on his growth targets.

In fact, he should promise a proportionate reduction in tax targets matching with the reduction in wasteful expenditures.

In the medium term, we need to increase exports. Here, PTI economic managers need to understand that their theory – devalue currency to make exports competitive and increase our share in global market – has failed as indicated by the stickiness of export numbers even as volumes showed progress.

Clearly, the lesson which should be learnt is that enhancing exports cannot be simply a function of one or two factors – it is a complex phenomenon, which should focus on capabilities, products and firms, rather than selection of winners by inefficient allocation of resources.

In the long term, and one hope that the government can lay the groundwork for this, we need a two-pronged strategy: productivity enhancement and wholesale reforms.

Incidentally, the Planning Commission witnessed two excellent presentations in the last two weeks, which directly addressed both points.

First presentation was made by the independent Economic Advisory Group, outlining an agenda for economic transformation by changing the incentive structure and resource allocation framework while building on the ideas of complexity in the product space.

If instead of supporting existing inefficient industries, we can redirect these resources – such as preferred lending – to efficient industrial activities across the board, growth will take place.

The second prong – reforms – is addressed by the PIDE Reform Agenda for Accelerated and Sustained Growth. While many of these ideas may not be implemented immediately, they do indicate a pathway to reform and growth. In order to leverage stabilisation, i.e. disciplined current and fiscal accounts, the journey of reforms must continue from macro to micro level. And all of these measures will help the growth target.

To give an example, we have reformed exchange rate, but still payment gateways are restrictive – PayPal is not allowed. PayPal will only help our own firms to get more business – and hence increase growth.

We have lived on borrowed growth for decades. It is time that Pakistan must switch to earned growth. Earned growth is possible through discipline, productivity and reforms, eventually discovering the right policy mix for growth and economic transformation.

The writer is the founder and executive director of PRIME Institute