Red tape and legal systems

Posted in Economics and public policy

Contract enforcement.gif
A journalist from the AFR rang me today to ask me to comment on a recent report by the World Bank and PWC which is a comparative study on the payment of tax by companies. It's an interesting report but it's conducted with such heroic simplifications that one sometimes wonders if it's worth it. For instance there's an assumption that the incidence of taxes companies pay falls on them with payroll tax, when a fair bit of it if not most is more likely to fall on workers.

I was more interested in the stuff on the ease of payment of tax - ie red tape. Even here the assumptions are heroic - namely that the number of pages in the 'primary' tax act is a worthy indicator. Well maybe, but maybe it's just an indicator, but not a very good one.

Anyway, I ran my hypothesis that European civil law systems are much more efficient than those with British origin over some of the data and some of it is suggestive that the hypothesis is right. And some isn't. For instance the length of the tax code in France and Germany is very short (by comparison - a few thousand pages), whereas some of the worst offenders who have double and triple this are from the Anglosphere.

There's also a striking table above, and here illustrating something that's not surprising and pretty well known. One of the things that rich countries have is public institutions which - at least comparatively speaking - work.

I went hunting further into the data which you can find by following the link rather than the table, and as they say, if you torture it long enough, eventually the data will confess. I looked at the data making up this table for differences within developed countries on the quality of enforcement of contracts. When I looked at the time it took, no pattern of note emerged - or rather a pattern that looked to casual inspection to be the opposite of what I'd expected with quite a few anglosphere countries doing relatively well (though even here the amount of time taken to enforce a contract strikes me as pretty outrageously long).

If I'm to keep my hypothesis in the running I have to assume that, though their court system works better, they don't fund it well enough to reduce delays. The English speaking countries seem to proceed faster in legal matters - which is a pretty important aspect of efficiency. When I ranked them by estimated cost of enforcing a contract as a proportion of the cost of the contract, I heard a yell of pain and then . . . voila - my data confessed. Over the fold is the table - but the story is that the most efficient countries are mostly European and rich Asian ones. No English speaking ones in there at all.

Well, that's not quite true there is one tiny exception - which is very odd. The very litigious USA is very efficient by this measure. Perhaps it's contingency fees, and/or a kind of perverse result that emerges from people trying to avoid court. Very odd. But it's an interesting table - over the fold. But before you click - here's a tip. Don't try enforcing a contract in Siera Leone. If you win, you'll probably get killed. If you don't you'll spend more on your lawyer than you'll get back from the court.

Enforcing
Contracts

     

Region or
Economy

Procedures
(number)

Time
(days)

Cost
(% of debt)

Korea

29

230

5.5

Sweden

19

208

5.9

Finland

27

228

5.9

Iceland

14

352

5.9

Denmark

15

190

6.5

United
States

17

300

7.7

Lithuania

24

166

8.6

Norway

14

277

9

Austria

23

342

9

Japan

20

242

9.5

Belgium

27

328

9.5

Hungary

21

335

9.6

Gabon

32

880

9.8

Croatia

22

561

10

Poland

41

980

10

Tajikistan

46

257

10.3

Algeria

49

397

10.3

Yemen

37

360

10.5

Germany

30

394

10.5

Bolivia

47

591

10.5

Lesotho

58

695

10.6

Antigua
and Barbuda

48

297

10.7

Romania

43

335

10.7

New
Zealand

28

109

10.9

Switzerland

22

215

11

Angola

47

1,011

11.2

Kazakhstan

37

183

11.5

Estonia

25

275

11.5

South
Africa

26

600

11.5

Latvia

21

240

11.8

France

21

331

11.8

Kyrgyz
Republic

44

140

12

Canada

17

346

12

Iran

23

520

12

Serbia

33

635

12.7

Greece

22

730

12.7

Australia

19

181

12.8

Oman

41

598

12.9

Ghana

29

552

13

Seychelles

29

720

13

Kuwait

52

390

13.3

Russia

31

178

13.5

Uzbekistan

35

195

13.5

Armenia

24

185

14

Bulgaria

34

440

14

Czech
Republic

21

820

14.1

Hong
Kong, China

16

211

14.2

Portugal

24

495

14.5

Equatorial
Guinea

38

553

14.5

Singapore

29

120

14.6

Ethiopia

30

690

14.8

Cape
Verde

40

465

15

Argentina

33

520

15

Montenegro

49

545

15

El
Salvador

41

626

15

Slovenia

25

1,350

15.2

Samoa

30

455

15.3

Ecuador

41

498

15.3

Iraq

65

520

15.3

Brazil

42

616

15.5

Spain

23

515

15.7

Slovakia

27

565

15.7

Mauritius

37

630

15.7

Netherlands

22

408

15.9

Uruguay

39

655

15.9

Suriname

29

1,290

15.9

Ukraine

28

183

16

Philippines

25

600

16

Puerto
Rico

43

620

16.1

Moldova

37

310

16.2

Jordan

43

342

16.2

Maldives

28

665

16.2

Chile

33

480

16.3

Morocco

42

615

16.5

Taiwan,
China

28

510

16.6

United
Kingdom

19

229

16.8

St.
Kitts and Nevis

49

578

17.1

Tunisia

21

481

17.3

Turkey

34

420

17.4

Thailand

26

425

17.5

Mongolia

29

314

17.6

Italy

40

1,210

17.6

Mauritania

40

400

17.9

Belize

51

892

18

Egypt

55

1,010

18.4

United
Arab Emirates

34

607

18.5

Eritrea

35

305

18.6

Costa
Rica

34

615

18.7

Bosnia
and Herzegovina

36

595

19.6

Azerbaijan

27

267

19.8

Saudi
Arabia

44

360

20

Mexico

37

415

20

Colombia

37

1,346

20

Swaziland

31

972

20.1

Bhutan

34

275

20.2

West
Bank and Gaza

26

700

20.2

Georgia

24

285

20.5

Sudan

67

770

20.6

Ireland

18

217

21.1

Belarus

28

225

21.1

Malaysia

31

450

21.3

Sri
Lanka

20

837

21.3

Nicaragua

20

486

21.8

Syria

47

872

21.9

Grenada

50

583

22.1

Israel

31

585

22.1

St.
Vincent and the Grenadines

52

394

22.2

Albania

39

390

22.6

Pakistan

55

880

22.6

Madagascar

29

591

22.8

Senegal

33

780

23.8

Guyana

30

661

24.2

Togo

37

535

24.3

Nepal

28

590

24.4

Botswana

26

501

24.8

Afghanistan

..

1,642

25

Marshall
Islands

34

432

26.5

Guatemala

36

1,459

26.5

China

31

292

26.8

Zimbabwe

33

410

26.9

Nigeria

23

457

27

Guinea-Bissau

40

1,140

27

Djibouti

59

1,225

27

Jamaica

18

415

27.8

Lebanon

39

721

27.8

Dominica

52

681

28.2

Namibia

31

270

28.3

Zambia

21

404

28.7

Venezuela

41

435

28.7

Comoros

60

721

29.4

C ´te
d'Ivoire

25

525

29.5

Benin

49

720

29.7

Lao
PDR

53

443

30.3

Honduras

36

480

30.4

Trinidad
and Tobago

37

1,340

30.5

Vietnam

37

295

31

St.
Lucia

51

635

31.2

Burundi

47

403

32.5

Haiti

35

368

32.6

Macedonia,
FYR

27

385

32.8

Palau

43

622

33.2

Peru

35

300

34.7

Dominican
Republic

29

460

35

Uganda

19

484

35.2

India

56

1,420

35.7

Gambia

26

247

35.9

Cameroon

58

800

36.4

Paraguay

46

478

39.8

Kenya

25

360

41.3

Niger

33

360

42

Rwanda

27

310

43.2

Central
African Republic

45

660

43.7

Guinea

44

276

43.8

Mali

28

860

45

Congo,
Rep.

47

560

45.6

Bangladesh

50

1,442

45.7

Tonga

30

510

47

Panama

45

686

50

Tanzania

21

393

51.5

Chad

52

743

54.9

Fiji

26

397

62.1

Vanuatu

24

430

64

S £o
Tom © and Principe

67

405

69.5

Solomon
Islands

25

455

69.8

Kiribati

26

660

71

Micronesia

25

775

77

Burkina
Faso

41

446

95.4

Papua
New Guinea

22

440

110.3

Cambodia

31

401

121.3

Indonesia

34

570

126.5

Mozambique

38

1,010

132.1

Malawi

40

337

136.5

Congo,
Dem. Rep.

51

685

156.8

Timor-Leste

69

1,170

183.1

Sierra
Leone

58

515

227.3

9 Comments

  1. SJ

    Nicholas, I don't find the data persuasive as to your efficiency hypothesis.

    I could posit an alternative hypothesis, that legal costs are fixed across countries. Your ranking fits my hypothesis, too. Which kinda indicates there's something lacking in both hypotheses.

  2. Nicholas Gruen

    Thanks for the comment SJ, but I can't really understand the point you're making. Can you expand a little.

  3. SJ

    No worries.

    Let's say that the cost of pursuing a debt is $100. In rich countries, it turns out that $100 is small compared to the size of the debt. In poor countries, $100 is large compared to the size of the debt.

    Note that I'm not claiming that my hypothesis true.

    I guess what I'm trying to say is that you've found a correlation between two factors, but you haven't really given a convincing argument as to the causal relationship between the two.

  4. Getachew

    Sir/Ms
    Your publication including the analysis is not far from facts.
    But, where do you catagorize those States known for their "AIDS package" ? and not loan or technical assistance Program under UN ambrela?
    warm regards,
    GBZ

  5. Nicholas Gruen

    I think the correlation is reasonable, but I've not subjected it to proper analysis. I'm basically ignoring the less developed countries as I expect a bunch of other factors will be relevant. But amongst the developed countries, there's a whole bunch of European and rich Asian countries up the top, and then a bunch of English speaking countries. But I'm not making too much of it because

    1) The US is an exception (Though I'll make use of your suggestion that perhaps it has bigger cases on average which accounts for at least some of it's good rating.)
    2) If you look at time of cases, as I've said, what patten there is seems to go the other way.

  6. Patrick

    Overwhelmingly, major international trade flows through Anglo systems and Amsterdam. The ME's legal system is basically the Chancery division of the High Court (their Supreme Court) of London with a bit of help from New York, the Caymans and Bermuda.

    So that is important.

    Also, I may be being presumptous, but looking at two of my favorite countries (for comparative purposes) France and Australia, the percentage of the debt in France is 11.8 as against our 12.8 but the length of time is 331 against our 181. Would not that 150 days easily cancel out the 1 percent of the debt? if interest is more than 2.2 percent, at least it would, or so it seems to me very quickly in the morning.

  7. Patrick

    PS I agree that the assumptions are heroic to the point where discretion might have been the better part of valour. Number of pages, to start with, is surely a heroic to the point of useless measure of anything except the likelihood of RSI amongst practitioners.

  8. Nicholas Gruen

    Yes, I caught myself wondering whether they'd counted the number of words for instance! Maybe the methodology isn't that shallow. But then maybe it is!

  9. skepticlawyer

    Am a fan of continency fees. Not only do they improve efficiency, but they also improve access to justice.