Appendix 1 - Coding Scheme

Summary

Legislation (Total score = 0–12)

Property Rights – How extensive are constitutional constraints on arbitrary alterations to property rights?

1. Very limited; few or no constraints on ability of state to intervene into individual rights to possessions and property.

2. Limited; state has broad powers to intervene; few individual rights acknowledged.

3. Somewhat limited; individual rights are generally but vaguely acknowledged: restrictions on state power vague or not delineated.

4. Somewhat extensive; individual rights to property and possessions acknowledged; state powers to intervene restricted.

5. Very extensive; rights of individual to property and possessions clearly delineated; state powers to intervene very restricted.

Land Law – Is there an existing land law? Do people have a right to own title to their land or business? Who has the authority to allocate land? Does land act favor rights of certain groups over others? How restricted are the rights to buy/sell land?

1. Individual land tenure rights expressly forbidden by law.

2. Individual land tenure rights limited by law.

3. Individual and communal rights recognized but not clearly demarcated or protected by law.

4. Individual rights coexist with communal land rights by law.

5. Individual right to buy, own, sell, lease land regardless of gender, race, ethnic, racial, national background.

Privatization Regulations and Related Investment Codes – Does country have laws or decrees mandating the full or partial sale of state assets? How favorable are they to investors?

1. Very unfavorable; no privatization law or excessively restrictive law with extensive restrictions on nationality and type of investment; repatriation of profits.

2. Unfavorable; some restrictions on SOEs to be privatized and on nationality and type of investment, repatriation of profits.

3. Neither favorable nor unfavorable; legislation to privatize state assets exists but provides no clear indication of whether it is favorable or unfavorable to investors. Alternatively, country does not have regulations on the privatization of existing SOEs but does encourage investment by the private sector.

4. Favorable; welcoming to investors but some restrictions on type of investment or repatriation of profits.

5. Very favorable; few restrictions on assets to be privatized, nationality of investor, repatriation of profits, type of investment, sector for investment.