Vi Digital Library
- International Economic Law (78 documents) Resources concerning laws governing and shaping trade, investment and development, including investment agreements, competition law and policy, intellectual property law, aspects of dispute settlement and legal implications of WTO agreements.
- PreviewAsian Participation in the WTO Dispute Settlement System (English)Note by Curran, John, 2012, 12 pagesCategories: International Economic Law, WTO Issues/Multilateral Trading System
The WTO dispute settlement system provides member countries with the opportunity to have their trade-related disputes heard and adjudicated upon in a rules-based forum. By design, every country has equal access to the system; however it is much less frequently used by developing countries. This Information Note examines how Asian countries are engaging the dispute settlement system, and examines whether the constraints generally limiting developing country participation also apply to select Asian countries.
- PreviewAspectos Normativos De La Inversion Extranjera En Colombia (English)Discussion paper by Ceron Z., Pilar V./Universidad EAFIT, 2007, 112 pagesCategories: International Economic Law, Investment, VI Members Research
La presente investigación tiene como objetivo central hacer un estudio detallado y profundo -estado del arte- de las normas domésticas e internacionales en materia de inversión extranjera, a la luz de las principales teorías de las Relaciones Internacionales. En el nivel doméstico la normatividad sobre este tema se encuentra dispersa a lo largo de todo el ordenamiento jurídico, en diferentes regímenes, haciéndose difícil la comprensión del tema. En el estudio además de unificar estas disposiciones se hizo un análisis extenso sobre las mismas. El mismo ejercicio se realizó en el ámbito internacional, para lo cual se analizaron todos los acuerdos, convenios y tratados internacionales en materia de inversión, ratificados o negociados por Colombia hasta la fecha, como quiera que son éstos los que marcan la pauta en materia de elaboración de normas locales con base en modelos propuestos por la comunidad internacional.
- PreviewThe Changing Structure and Governance of Intellectual Property Enforcement (English)Working paper by Biadgleng, Ermias; Munoz, Viviana, 2008, 64 pagesCategories: International Economic Law, WTO Issues/Multilateral Trading System
This research paper provides a broad overview and analysis of the changing multilateral framework for intellectual property enforcement and the challenges that it presents for developing countries. It examines current multilateral obligations and traces developments in the field of intellectual property enforcement in various multilateral fora, including the WCO, WHO, WIPO, WTO and Interpol. Finally, it analyses the approach of the United States and European Union to strengthening intellectual property enforcement in third countries through regional, bilateral and unilateral mechanisms such as regional and bilateral agreements.
- PreviewCompliance Bargaining in the WTO: Ecuador and the Banana Dispute (English)Discussion paper by James McCall Smith, 2003, 30 pagesCategories: International Economic Law, WTO Issues/Multilateral Trading System
An analysis of Ecuador's tactics to ensure compliance with the WTO ruling in their favour (against the EU) in the banana case. The paper offers excellent detail of the specific strategies Ecuador used - both politically and economically and could be of interest to anyone concerned with the evolving jurisprudence on WTO law but also in how the rulings impact on the international trade regime.
- PreviewThe Concept of Odious Debt in Public International Law (English)Discussion paper by Howse, Robert, 2007, 31 pagesCategories: Finance for Development, International Economic Law
What: The odious debt concept seeks to provide a moral and legal foundation for severing, in Whole or in part, the continuity of legal obligations where the debt in question was contracted by a prior “odious” regime of a country and was used in ways that were not beneficial or were harmful to the interests of the population. The paper examines the odious debt doctrine largely in the context of selected, relevant past or ongoing political transitions; the possibility of ex ante declaration of debt as “odious” is, however, discussed briefly in chapter V in relation to private and governmental creditors. How: The paper can be used as a reference for the issue of odious debt in classes on international law. Who: Faculty teaching international law.
- PreviewThe Concept of Odious Debt: Some Considerations (English)Working paper by Nehru, Vikram; Thomas, Mark /World Bank, 2008, 44 pagesCategories: Finance for Development, International Economic Law
Despite the popularity of the term among advocates of debt forgiveness, there is little agreement on a workable definition of "odious" debts and there are but few examples where the concept has been invoked in law to justify non-payment of sovereign debts. Most often, these have been cases when a successor state or government has refused to honor certain debts contracted by its predecessor state or government. Repudiating sovereign debts on broader grounds - such as that money may have been misused by the borrower or that results were not as hoped for at the outset of lending - would create real risks not only of reduced financial flows to poorer countries as a result of the danger of ex post challenges to lenders' claims, but also of moral hazard and lack of project ownership. This paper presents a discussion of the extant legal and financial environment facing developing country sovereign borrowers and develops a proposed approach within this environment to address issues of concern underlying the concept of odious or illegitimate debt. The authors make the case for focusing attention on codes of conduct along the lines of the Equator Principles and on refining forward-looking attempts to increase aid effectiveness and recover stolen assets.
- PreviewCorporate Social Responsibility in Latin America (English)Working paper by UNCTAD VIRTUAL INSTITUTE, 2010, 138 pagesCategories: Enterprise Development, International Economic Law
The purpose of this publication is to enhance the understanding of CSR issues in Latin America based on facts, figures, cases and experiences, as well as to review appropriate methods for analyzing the impact of CSR initiatives. The publication covers CSR and labour practices in the agriculture and extractive industries (the mining industry in Chile and banana production in Colombia); CSR practices in Uruguay; and new legal instruments in the area of human rights and labour rights in the Latin American region. The publication was prepared under the supervision of Vlasta Macku, Chief of the Virtual Institute.
- PreviewDeveloping Countries and Enforcement of Trade Agreements: Why Dispute Settlement is Not Enough (English)Working paper by Bown, Chad P.; Bernard M., Hoekman /World Bank, 2007, 33 pagesCategories: International Economic Law, WTO Issues/Multilateral Trading System
Poor countries are rarely challenged in formal World Trade Organization trade disputes for failing to live up to commitments, reducing the benefits of their participation in international trade agreements. This paper examines the political-economic causes of the failure to challenge poor countries, and discusses the static and dynamic costs and externality implications of this failure. Given the weak incentives to enforce World Trade Organization rules and disciplines against small and poor members, bolstering the transparency function of the World Trade Organization is important for making trade agreements more relevant to trade constituencies in developing countries. Although the paper focuses on the World Trade Organization system, the arguments also apply to reciprocal North-South trade agreements.
- PreviewDeveloping Countries and Their Natural Resources. From the Elaboration of the Principle of Permanent Sovereignty over Natural Resources to the Creation of Sovereign Wealth Funds (English)Article by Barbieri, Michele, 2009Categories: International Economic Law, Investment, VI Members Research
The paper will study, mainly under the point of view of international law, the relation between natural resources, foreign investments and economic development in third world countries, focusing on the role the principle of permanent sovereignty over natural resources has played, and still can play, in this context. It will try to propose a notion of the right of peoples over natural resources which takes into account the recent developments of international environmental law and of international investment law (the latter being represented in particular by the increase of bilateral investment treaties in force). It will finally prove that the creation of sovereign wealth funds by developing countries can represent a new tool to ensure the promotion of the right of peoples to sovereignty over natural resources and it will investigate the importance that transparency of sovereign wealth funds might have to this purpose.
- PreviewDevelopment Dimensions of Intellectual Property in Uganda: Transfer of Technology, Access to Medicines and Textbooks (English)Report by Spennemann, Christoph; Adachi, Kiyoshi/ UNCTAD; ICTSD, 2010, 104 pagesCategories: International Economic Law, Science and Technology
This DDIP Report is organized in three chapters, featuring the interface of intellectual property with the issues of technology transfer, access to medicines and access to textbooks, respectively. Each chapter, after describing the factual background in Uganda and the pertinent institutional set-up, provides a detailed analysis of the domestic intellectual property\\nlegal framework, before making recommendations for legislative amendments. The objective of these recommendations is to provide guidance on how to use the country’s domestic intellectual property laws to promote specific development objectives.
- PreviewDevelopment Dimensions of Intellectual Property in Uganda: Transfer of Technology, Acces to Medicines and Textbooks (English)Report by UNCTAD, 2009, 105 pagesCategories: Competitiveness, International Economic Law
Intellectual property rights (IPRs) have never been more economically and politically important or controversial than they are today. Considerable increases in royalty payments and licensing fees in most areas of the world and the inclusion of intellectual property provisions in regional and bilateral trade and investment agreements over the past few years illustrate the fact that IPRs have become a major economic, trade and investment issue. The UNCTAD secretariat is implementing a work programme on the development dimensions of IPRs.
- PreviewDispute Settlement: State-State - UNCTAD Series on Issues in International Investment Agreements (English)Report by UNCTAD, 2003, 109 pagesCategories: International Economic Law
What: Provisions concerning the settlement of investment disputes are a central feature of international investment agreements (IIAs). This paper deals with provisions as they pertain to State-to-State disputes. Such disputes are relatively rare, in that the bulk of investment disputes arising under IIAs involve investor-State disputes. These are the subject of another paper in this Series. Who: Relevant for anyone teaching or learning state-to-state dispute settlements. How: Can be used for research or courses in dispute settlement.
- PreviewDo global standards and codes prevent financial crises? Some proposals (English)Discussion paper by Benu, Schneider, 2005, 59 pagesCategories: International Economic Law, International Financial System
What: After the crises in emerging market economies beginning with that of Mexico in the mid-90s, the adoption of internationally recognized standards and codes (S&C) of financial best practices came to be seen as a way to strengthen the international financial system. This paper evaluates the progress made so far and considers some of the basic assumptions of the S&C\\n initiative. In particular it examines how far S&C can be instrumental in preventing financial crises, and focuses on issues raised by the initiative from a developing-country perspective. Who: Can be used by a teacher on financial systems and policies. How: For a course on how to avoid or prevent financial crises in developing economies.
- PreviewEconomists and Lawyers Working Together. A Multidisciplinary Approach for Policy Orientated Researches in the Fields of Foreign Investments and Economic DevelopmentWorking paper by Michele Barbieri, 2010, 31 pagesCategories: International Economic Law, Investment, VI Members Research
The objective of the paper is to describe a methodology which can be applied in policy orientated researches on the following topic: the impact international investment agreements (IIAs) have on the relation between foreign investments on one side and economic development of the host States on the other side. The researches which adopt such method should provide guidance to policymakers of host States as to the way they can simultaneously achieve the following goals: to attract foreign investments and to fully benefit from them, to preserve their ability to adopt and maintain policies for the promotion of domestic development, to maximise the consistency of such policies with applicable IIAs. The peculiarity of the methodology consists in its multidisciplinary approach, which combines the efforts of economists and legal experts both.
- PreviewElectronic Commerce: Legal Considerations (English)Report by UNCTAD Secretariat, 1998, 59 pagesCategories: International Economic Law, Science and Technology
What: This study focuses on the discussion of legal issues that are relevant to electronic commerce on an international level. It gives an overview on international developments that aim at the facilitation of e-commerce and outlines legal issues which are considered to constitute obstacles in the cross-border use of e-commerce. Possible solutions to these obstacles from already existing legal documents are discussed. The study includes a number of recommendations for governments and commercial parties with regard to creating favourable frameworks for electronic commerce. Who: Useful for anyone who deals with the legal framework for international electronic commerce and wishes to get detailed information on existing legal provisions. How: Can serve as starting point to examine the progress made within the last years in the international legal framework on ICT.
- PreviewEuro Zone Debt Crisis: Scenario Analysis and Implications for Developing Asia-pacific (English)Working paper by ESCAP, 2012, 31 pagesCategories: International Economic Law, Macroeconomic Policy, Trade and Poverty
The ongoing euro zone debt crisis creates an undesirable scenario for the global economy as well as for the Asia-Pacific region given that the region has close economic linkages. The paper aims to provide quantitative estimates of the potential impact of the euro zone debt crisis on merchandise exports as well as on economic growth and poverty reduction efforts in the region. The results indicate that a one-percentage-point fall of output growth of the euro zone would result in a total export loss of $166 billion. In addition, the protectionist threats could further increase the loss in exports by $27 billion. On social development, the disorderly euro zone debt crisis scenario would prevent 8.19 million people to get out of poverty and another 1.15 million would be pushed back into poverty as per the $1.25-a-day poverty line. The paper illustrates that macroeconomic policy space appears adequate in most economies that tend to be more heavily affected by the euro zone debt crisis. But strong inflationary pressures and less favourable public debt conditions could prevent some economies from implementing swift and forceful macroeconomic policy responses.
- PreviewExceptions to Patent Rights in Developing Countries (English)Case study by Garrison, Christopher, 2006, 104 pagesCategories: International Economic Law, WTO Issues/Multilateral Trading System
This Paper examines the principles and practice of “exceptions to patent rights”, especially as regards developing countries. Many WTO Members (“Members”) are convinced of the utility of the patent system in encouraging research and development activity for new inventions. Many other Members are less confident of the benefits of the patent system and indeed are concerned about the dangers that the patent system poses, in terms of, for example, the impact that it and other intellectual property rights syste ms will have on their economic and social welfare. Where the line is drawn between those areas that are the preserve of the patent holder to control, and those areas which the patent holder may not control, is therefore a very important policy question for Members. The subject of this Paper relates to one aspect of this policy question, that is to say, “exceptions to patent rights”, which for present purposes, is taken to mean certain “safe harbour” areas of activity where the rights of a patent holder do not extend. Other limitations of the rights of patent holders and other matters such as the scope of patentability of inventions or the compulsory licensing of patents are outside the scope of this Paper, although they are touched on as and when appropriate.
- PreviewExpropriation: A Sequel (English)Book by UNCTAD, 2012, 181 pagesCategories: International Economic Law
This sequel to the UNCTAD 1999 Pink Series paper on expropriation, analyzes expropriation provisions in international investment agreements (IIAs) and their interpretation by arbitral tribunals. Moving beyond a merely descriptive role, the paper offers policy options to assist States in drafting IIA clauses that help to promote sustainable development.
- PreviewGood Governance Guidelines: Independence and Transparency (English)
Also available in Arabic, FrenchPolicy brief by Brusick, Philippe/UNCTAD, 2016, 43 pagesCategories: International Economic Law, Policy Reviews and Briefs
Sound policy outcomes are better assured when decisions by the competition authority are not politicized, discriminatory or implemented on the basis of narrow goals of interest groups. Hence, it is widely accepted that competition authorities should be insulated from undue political interference. Thus, the independence of competition authorities is often defined as their distinct legal personality and structural separateness from Government. In addition to defining the authority’s structure, enabling legislation usually prescribes functions, powers, the manner in which members of management and staff are to be appointed, their tenure and removal, and how the authority is to be financed, often providing financial autonomy. This also includes its obligations with respect to transparency, confidentiality and the possibility of recourse. Even when the law is quite explicit, “de-facto” practice may deviate from the “de-jure” letter of the law. Independence should, therefore, be considered in terms of degrees of independence rather than as absolute independence. This publication examines the degree of independence and transparency which the MENA Project countries, which have competition laws, have inscribed within their legislation and to a certain extent, how this is implemented in actual enforcement practice, taking into consideration the general trends of this particular subject, as observed worldwide.
- PreviewHarmonizing Cyberlaws and Regulations: The Experience of the East African Community (English)Report by UNCTAD, 2012, 65 pagesCategories: International Economic Law, Science and Technology
The first part discusses the need for regional harmonization and the challenges faced with regard to the implementation of cyberlaws in the EAC region. The second gives a detailed account of the status of cyberlaws in each country. It is hoped that the work of the EAC Task Force on Cyberlaws and this study offer some useful lessons and tools for other countries and regions engaging in cyberlaw reforms.
- PreviewHow to Prevent and Manage Investor-state Disputes - Lessons from Peru (English)Working paper by UNCTAD, 2011, 86 pagesCategories: International Economic Law, Investment
This study examines the case of Peru which designed a dispute prevention policy (DPP) and implemented a dispute prevention mechanism (DPM), which foresees the promotion of alternative dispute resolution (ADR) mechanisms and the implementation of prevention policies. This is an example of a case of good practice in the prevention and management of investor-State disputes.
- PreviewIdentifying Core Elements in Investment Agreements in the APEC Region - UNCTAD Series on International Investment Policies for Development (English)Report by UNCTAD, 2008, 156 pagesCategories: International Economic Law
International investment agreements (IIAs) in the Asia-Pacific Economic Cooperation (APEC) forum adopt a range of approaches to addressing the main provisions (the "core elements") of these treaties. This report is based on analysis of a sample of 28 IIAs between and/or involving APEC member economies. These comprise 14 bilateral investment treaties (BITs) and 14 preferential trade and investment agreements (PTIAs). The report provides a means of considering how different IIAs address three possible objectives: investment liberalization, investment protection, and investment promotion. It explains how APEC economies address the legal issues of international investment, the nature and effect of the core elements that appear in IIAs, and how they interact together. It also identifies the purpose of these provisions and where APEC member countries take common and different approaches. Finally, it compares the approaches taken in "APEC IIAs" with three key "APEC investment instruments": the Non-Binding Investment Principles (NBIP), the Menu of Options, and the Transparency Standards on Investment.
- PreviewIIA Issue Note No. 1/2012: Latest Developments in Investor-State Dispute Settlement (English)Note by UNCTAD, 2012, 21 pagesCategories: International Economic Law
In 2011, the number of known treaty-based investor-State dispute settlement (ISDS) cases filed under international investment agreements (IIAs) grew by at least 46, bringing the total number of known treaty-based cases to 450 by the end of 2011. This constitutes the highest number of known treaty-based disputes ever filed in one year. Since most arbitration forums do not maintain a public registry of claims, the total number of actual treaty-based cases is likely to be higher. This issue note looks at the recent trends in investor-state dispute settlement, covers the key issues of the decisions made in year 2011 and gives concluding remarks at the end.
- PreviewIIA Issues Note - Investor-state Dispute Settlement: an Information Note on the United States and the European Union (English)Note by UNCTAD, 2014, 14 pagesCategories: International Economic Law
The Information Note discusses facts and figures regarding Investor-State dispute settlement (ISDS) cases brought by investors from the US and from EU Member States, and ISDS cases against the US and EU Member States. This discussion is preceded by an overview of the IIA networks of the US and the EU and its Member States.
- PreviewIIA Issues Note No. 1/2013: Recent Developments in Investor-state Dispute Settlement (English)Note by UNCTAD, 2013, 36 pagesCategories: International Economic Law, International Financial System, Investment
This issue note analyses the recent developments in investor state dispute settlement (ISDS). As the public discourse about the usefulness and legitimacy of the ISDS mechanism is gaining momentum, reform options with respect to their feasibility, expected effectiveness and implementation methods remains wanting. The note advocates a multilateral policy dialogue to help to develop a consensus about the preferred course for reform and ways to put it into action.
- PreviewIIA Issues Note - Reform of the Iia Regime: Four Paths of Action and a Way Forward (English)Note by UNCTAD, 2014, 9 pagesCategories: International Economic Law
While almost all countries are party to one or more IIAs, many are dissatisfied with the current regime. Concerns relate mostly to the development dimension of IIAs, the balance of rights and obligations of investors and States, and the systemic complexity of the IIA regime. Countries' current efforts to address these challenges reveal four different paths of action:(i)maintaining the status quo, largely refraining from changes in the way they enter into IIA commitments; (ii)disengaging from the IIA regime, unilaterally terminating existing treaties or denouncing multilateral arbitration conventions; and (iii)implementing selective adjustments, modifying models for future treaties but leaving the treaty core and the body of existing treaties largely untouched. Finally, (iv) there is the path of systematic reform that aims to comprehensively address the IIA regime's challenges in a holistic manner. While each of these paths has benefits and drawbacks, systemic reform could effectively address the complexities of the IIA regime and bring it in line with the sustainable development imperative.
- PreviewIia Issues Notes No.2 - Sovereign Debt Restructuring and International Investment Agreements - July 2011 (English)Note by UNCTAD, 2011, 10 pagesCategories: International Economic Law
This Note examines the extent to which international investment agreements (IIAs)may affect the ability of States to implementsovereign debt restructurings when a debtor nation has defaulted or is close to default on its debt.
- PreviewIIA Monitor No. 1/2007: Intellectual Property Provisions in International Investment Arrangements (English)Note by UNCTAD, 2007, 8 pagesCategories: International Economic Law, Investment
This IIA Monitor takes an initial look at the variety of ways in which intellectual property provisions are treated in bilateral investment treaties and preferential trade and investment agreements. While there are similarities between certain sets of agreements in their provisions relating to IP, there are also differences that have important legal ramifications.
- PreviewIIA Monitor No. 2/2006: Developments in International Investment Agreements in 2005 (English)Policy brief by UNCTAD, 2006, 15 pagesCategories: International Economic Law
The trend from previous years of an expansion and increasing sophistication of international investment rulemaking at the bilateral, regional and interregional level continued in 2005. In 2005 alone, 162 international investment agreements (IIAs)1 were concluded, bringing the total number of IIAs to almost 5,500. The evolving system of international investment rules contributes further to the enabling framework for FDI. At the same time, the increasingly complex multilayered and multifaceted universe of IIAs becomes more demanding, particularly in order to keep it coherent, and ensure its effective functioning and making it conducive for national development objectives.
- PreviewIIA Monitor No. 2/2007: Development Implications of International Investment Agreements (English)Note by UNCTAD, 2007, 11 pagesCategories: International Economic Law
The universe of international investment agreements (IIAs) continues to expand and is becoming increasingly complex. As of the end of 2006, more than 2,500 bilateral investment treaties (BITs), 2,600 double taxation treaties and 240 other agreements with investment provisions – such as free trade agreements – existed. This impressive IIA network has several characteristics which present opportunities and challenges for countries, in particular developing countries. This issue of the IIA Monitor sheds more light on them from a development perspective.
- PreviewImplementation of multimodal transport rules (English)Report by UNCTAD Trade and transport facilitation branch, 2001, 55 pagesCategories: International Economic Law, Trade Facilitation
Gives an overview of multimodal transport rules and international, regional and national legislations. It argues in favor of an harmonization of legislation and studies transport laws in selected regions and developing countries. Background reading for teachers and researchers of trade facilitation issues. Provides examples on regional agreements (MERCOSUR, ASEAN etc.) and developing countries (Argentina, China, India etc.)
- PreviewIncentives - UNCTAD Series on Issues in International Investment Agreements (English)Report by UNCTAD, 2004, 108 pagesCategories: International Economic Law, Investment
What: Incentives are frequently used as a policy instrument to attract foreign direct investment (FDI) and to benefit more from it. They can be classified as financial, fiscal or other (including regulatory) incentives. The issue of incentives is a relatively new phenomenon in international investment agreements (IIAs). Up to now, the great majority of IIAs have not contained specific provisions related to them. Who: Relevant for anyone researching or teaching the new trend of incentives in international investment agreements. How: Can be used for research or lectures on incentives to attract FDI.
- PreviewIndisputably Essential- The Economics of Dispute Settlement Institutions in Trade Agreements (English)Working paper by Keck, Alexander /WTO, Schropp, Simon /University of St. Gallen, HEI Geneva and NCCR Democracy, 2007, 29 pagesCategories: International Economic Law, WTO Issues/Multilateral Trading System
This paper is a step towards the formulation of a coherent economic theory of dispute settlement. It challenges traditional models of enforcement (primarily concerned with acts of punishment) for being insufficient in explaining the existence of dispute settlement institutions. The authors perform a comprehensive analysis of the economics of dispute settlement institutions and demonstrate to what extent the literatures of trade cooperation and dispute institutions are (and should be) interlinked. On the basis of these theories, they show that dispute settlement institutions in trade agreements may assume a variety of roles, including that of an information repository and disseminator, an honest broker, an arbitrator and calculator of damages, an active information gatherer or an adjudicator.
- PreviewThe Influence of Preferential Trade Agreements on the Implementation of Intellectual Property Rights in Developing Countries - A First Look (English)Report by Tekeste Biadgleng, Ermias, Maur, Jean-Christophe, 2011, 52 pagesCategories: International Economic Law, Regional and Bilateral Trade Agreements
Preferential trade agreements (PTAs) are gaining prominence among trade liberalization efforts. Yet little remains known about the extent to which the intellectual property (IP) provisions of PTAs translate into actual changes in domestic institutions and laws. This paper investigates one important dimension of this question by looking at disciplines covering intellectual property rights (IPRs) and surveying the implementation of agreements negotiated by the European Union and the United States with developing countries. The EU and United States are the two chief proponents of stronger standards and enforcement of IPRs. This work is among the first to look at implementation issues related to IPRs in the PTA context.
- PreviewInformation and Communication Technology Policy and Legal Issues for Central Asia - Guide for ICT Policymakers (English)Manual by UNECE, 2007, 67 pagesCategories: International Economic Law, Science and Technology
This guide has been prepared at the request of the Project Working Group on ICT for Development, created in December 2005 within the framework of the United Nations Special Programme for the Economies of Central Asia (SPECA). SPECA was launched in 1998 to strengthen subregional cooperation in Central Asia and its integration into the world economy.The member countries of SPECA are Afghanistan, Azerbaijan, Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan. The guide is intended for use as a reference manual by ICT policymakers in countries with economies in transition. The content is designed to respond to the needs of SPECA member countries, incorporating feedback received during the series of capacity-building events conducted in 2006 and 2007.
- PreviewIntegration of Markets vs. Integration by Agreements (English)Working paper by Aminian, Nathalie; Fung, K.C.; Ng, Francis / World Bank, 2008, 38 pagesCategories: International Economic Law, Regional and Bilateral Trade Agreements, Trade Policy Analysis and Trade Data Sources
This paper provides an analysis of the two channels of regional integration: integration via markets and integration via agreements. Given that East Asia and Latin America are two fertile regions where both forms of integrations have taken place, the authors examine the experiences of these two areas. There are four related results. First, East Asia had been integrating via markets long before formal agreements were in vogue in the region. Latin America, by contrast, has primarily used formal regional trade treaties as the main channel of integration. Second, despite the relative lack of formal regional trade treaties until recently, East Asia is more integrated among itself than Latin America. Third, from a purely economic and trade standpoint, the proper sequence of integrations seems to be first integrating via markets and subsequently via formal regional trade agreements. Fourth, regional trade agreements often serve multiple constituents. The reason why integrating via markets first can be helpful is because this can give stronger political bargaining power to the outward-looking economic-oriented forces within the country.
- PreviewIntellectual Property in the World Trade Organization (English)Working paper by UNCTAD, 2010, 87 pagesCategories: International Economic Law, WTO Issues/Multilateral Trading System
The paper examines the development implications of the World Trade Organization(WTO) Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS) and aims to offer suggestions on how to reduce the agreement’s development deficit and increase its development friendliness. The paper provides a historic overview of the TRIPS negotiations, the agreement itself and the development deficits therein. It also presents the broader context surrounding intellectual property (IP) issues, namely, on the one hand, the increasing trend towards higher IP standards and on the other hand, the growing insight on the need to rebalance existing IP rules. It also analyses selected aspects of the TRIPS Agreement,highlighting their development implications.
- PreviewIntellectual Property Provisions of Bilateral and Regional Trade Agreements in light of U.S. Federal Law (English)Case study by Abbott, Frederick M., 2006, 36 pagesCategories: International Economic Law, Regional and Bilateral Trade Agreements
What: This paper examines recent regional and bilateral Free Trade Agreements (FTAs) from the perspective of the United States law and policies. It also analyzes crucial and sensitive issues in these agreements in light of the background provided by U.S. regulatory and case law experience. One of the lessons of the paper is that existing differences in the capacity of the United States and many developing countries to create and manage legal infrastructure may lead to a disparity in the way FTA rules are implemented. How: Useful to highlight the intellectual property provisions of bilateral and regional trade agreements in international economics classes. Who: Lecturers and researchers in the area of intellectual property rights, particularly when put into the context of trade agreements
- PreviewInternational Investment Rule-making: Stocktaking, Challenges and the Way Forward (English)Working paper by UNCTAD, 2008, 126 pagesCategories: International Economic Law
This paper has a three-fold objective. It reviews sixty years of international investment rule-making and identifies main trends in current treaty practice, as the core characteristics of the existing universe of international investment agreements (IIAs) at the beginning of the 21st century. Based on this analysis, the second part describes the main challenges for policy makers and IIA negotiators deriving from the present IIA system, and makes a number of suggestions on how to deal with them. The third part of this paper presents some considerations concerning the future evolution of the IIA universe.
- PreviewInternational Regulation and Treatment of Trade Finance : What Are The Issues? (English)Working paper by Auboin, Marc, 2010, 23 pagesCategories: International Economic Law
The paper discusses a number of issues related to the treatment of trade credit internationally, a priori (treatment by banking regulators) and a posteriori (treatment by debtors and creditors in the case of default), which are currently of interest to the trade finance community, in particular the traditional providers of trade credit and guarantees, such as banks, export credit agencies, regional development banks, and multilateral agencies. The paper does not deal with the specific issue of regulation of official insured-export credit, under the OECD Arrangement, which is a specific matter left out of this analysis. Traditionally, trade finance has received preferred treatment on the part of national and international regulators, as well as by international financial agencies in the treatment of trade finance claims, on grounds that trade finance was one of the safest, most collateralized, and selfliquidating forms of trade finance. Preferred treatment of trade finance also reflects the systemic importance of trade, as in sovereign or private defaults a priority is to "treat" expeditiously trade lines of credits to allow for such credit to be restored and trade to flow again. It is not only a matter of urgency for essential imports to be financed, but also a pre-condition for economic recovery, as the resumption of trade is necessary for ailing countries to restore balance of payments equilibrium.
- PreviewThe International Regulation of Sovereign Wealth Funds. Which Role for the European Union? (English)Article by Michele Barbieri, 2009Categories: International Economic Law, VI Members Research
The object of this paper is to review the existing international instruments providing for standards and principles applicable to SWFs, to their investments and to the policies adopted by recipient States. The analyse will be carried out from the point of view of the European Union (EU), i. e. paying particular attention to the participation of the EU in the works of the IMF and the OECD in the elaboration of such instruments.
- PreviewInternational Trade in GMOs and GM Products: National and Multilateral Legal Frameworks (English)Report by Simonetta Zarrilli, 2005, 61 pagesCategories: Commodities, International Economic Law, Science and Technology
What: The debate about the application of biotechnology to agriculture is one of the most vocal and passionate in recent years. This paper analyses different legal frameworks on agro-biotechnology in selected developed and developing countries. It outlines the complexity of the issue especially for developing countries who have to reconcile trade interests with food safety, environmental protection and international obligations. Who: Students, teachers or researchers interested in the effects of biotechnology on agriculture and trade in developing countries. How: As a key reading in any course dealing with trade and the environment.
- PreviewInterpretation of IIAs: What States Can Do ? (English)Report by UNCTAD, 2011, 17 pagesCategories: International Economic Law
This note is divided into three parts. Part one describes the shared authority of States and tribunals in the interpretive process, and sketches some of the current deficiencies in investment arbitration. It advocates a greater involvement of States in the interpretive process, but also considers limitations to a more proactive role of the contracting parties. Part two presents international law principles of interpretation and explains how they can guide States in their actions towards fostering a “better” (i.e. more rigorous, consistent and coherent) interpretation of IIAs. Finally, part three sets out different tools States may employ to guide arbitral tribunals in the interpretation of IIAs.
- PreviewInvestment Promotion Provisions in International Investment Agreements (English)Study by UNCTAD, 2008, 119 pagesCategories: International Economic Law, Investment
International investment agreements (IIAs) are an element of investment promotion strategies as contracting parties seek to encourage foreign investment through the granting of investment protection. The emphasis of IIAs is clearly on investment protection with investment promotion primarily perceived as a side effect. However, this effect - an increase in investment flows - remains often behind the expectations of the contracting parties. A recent UNCTAD survey of IIAs shows that only a minority of IIAs includes explicit investment promotion provisions. Their content varies considerably among treaties. What option contracting parties finally choose depends on various factors. Countries that basically pursue a laisser faire policy with regard to foreign investment might favour promotion strategies aimed at improving the general policy and institutional framework, while governments applying strategic investment policies might have a preference for sector-specific or activity-specific promotion measures, or those aimed at fostering linkages between foreign investors and domestic companies. Financial considerations may also play a role, since many developing countries may not have the means to agree upon expensive promotion programmes, such as investment incentives, in IIAs. Recent developments in the evolution of the IIA universe might be an indication that more countries are ready to explore new approaches in investment rulemaking. From a development perspective, it is worthwhile considering how to strengthen the investment promotion component in IIAs.
- PreviewInvestor-state Disputes: Prevention and Alternatives to Arbitration (English)Working paper by UNCTAD, 2010, 157 pagesCategories: International Economic Law
This paper is part of a new Series on International Investment Policies for Development. It builds on, and expands, UNCTAD’s Series on Issues in International Investment Agreements. Like the previous one, this new series is addressed to Government officials, corporate executives,representatives of non-governmental organizations, officials of international agencies and researchers.
- PreviewKey terms and concepts in International Investment Agreements (IIAs): A glossary (English)Manual by UNCTAD, 2004, 231 pagesCategories: International Economic Law
This glossary aims to provide brief explanatory commentaries on the main terms and concepts used in International Investment Agreements (IIAs). These terms and concepts have mainly a legal connotation and have been selected because they provide a broad coverage of the principal issues that are dealt with in IIAs. Each entry in this glossary provides a short definition of the term, followed by examples of relevant provisions in IIAs
- PreviewLatest Developments In Investor-state Dispute Settlement (English)Policy brief by UNCTAD, 2012, 21 pagesCategories: International Economic Law, Policy Reviews and Briefs
In 2011, the number of known treaty-based investor-State dispute settlement (ISDS) cases filed under international investment agreements (IIAs) grew by at least 46, bringing the total number of known treatybased cases to 450 by the end of 2011 (figure 1).1 This constitutes the highest number of known treatybased disputes ever filed in one year. Since most arbitration forums do not maintain a public registry of claims, the total number of actual treatybased cases is likely to be higher.
- PreviewLiability and Compensation for Ship-source Oil Pollution: An Overview of the International Legal Framework for Oil Pollution Damage from Tankers (English)Report by UNCTAD, 2012, 76 pagesCategories: International Economic Law, Trade and Environment
While large oil pollution incidents have reduced both in number and in size over recent decades, the potential threat of environmental damage and economic loss associated with the carriage of oil remains disconcerting. In particular, for coastal developing countries and small island developing States with economies heavily dependent on income from fisheries and tourism, exposure to damage arising from ship-source oil pollution incidents poses a potentially significant economic threat. This report has been prepared to assist policymakers, in particular in developing countries, in their understanding of the existing legal framework and in assessing the merits of accession to the relevant international legal instruments.
- PreviewManual on Consumer Protection (English)Manual by UNCTAD, 2017, 151 pagesCategories: International Economic Law, Trade Related Capacity Building
The UNCTAD Manual on Consumer Protection 2017 edition is the first comprehensive international reference in this field, aiming to support developing countries and economies in transition in their choice of policies and providing practical tools to assist policy makers in enhancing capacities while implementing the recently revised United Nations Guidelines for Consumer Protection. With this manual, UNCTAD is contributing to spreading good practices and enhancing the capacities of developing countries and economies in transition to step up the protection of their consumers.
- PreviewMaritime Security: Elements of an Analytical Framework for Compliance Measurement and Risk Assessment (English)Working paper by UNCTAD, 2006, 16 pagesCategories: International Economic Law, Trade Facilitation
What: This paper analyzes the impact of new maritime security measures, most notably the International Ship and Port Facility Security (ISPS) Code, on international trade. In particular, the paper discusses risk assessment and management techniques within the maritime security framework. After identifying drawbacks of the existing framework, the paper introduces an alternative approach. Most notably, it differs from the old framework in not concentrating on the security of facilities but in seeking to ensure supply chain security of maritime transports. How: Can be used in a course on international trade as a reading on transport regulations. Besides, the paper could be used as a reading for a course on international economic law. Who: Researchers, students, and policy-makers interested in maritime transport regulations.
- PreviewModel Contracts for Small Firms: Legal Guidance for Doing International BusinessBook by ITC, 2010, 162 pagesCategories: International Economic Law
This book contains the main international commercial contracts that small and medium-sized enterprises (SMEs) will need in their trade transactions. All contracts are harmonized in structure as well as in content through the insertion in each of identical boilerplate or recurring clauses. The nine model forms and the boilerplate clauses were selected on the basis of a worldwide survey of representative institutions of SMEs.
- PreviewMore Stringent BITs, Less Ambiguous Effects on FDI? Not a Bit! (English)Working paper by Berger, Axel, Busse, Matthias, Nunnenkamp, Peter, Roy, Martin, 2010, 14 pagesCategories: International Economic Law, Investment
In this paper, we focus on investor-state dispute settlement provisions contained in various, though far from all, bilateral investment treaties as a possible determinant of BIT-related effects on bilateral FDI flows. Our estimation results prove to be sensitive to the specification of these provisions as well as the inclusion of transition countries in the sample. Stricter dispute settlement provisions do not necessarily result in higher FDI inflows so that the effectiveness of BITs as a credible commitment device remains elusive.
- PreviewMost-favoured Nation Treatment (English)Report by UNCTAD, 2010, 157 pagesCategories: International Economic Law
The inclusion of most-favoured-nation (MFN) treatment provisions in international investment agreements (IIAs) followed its use in the context of international trade and was meant to address commitments made by States in free trade agreements (FTA) to grant preferential treatment to goods and services regarding market access. However, in the context of international investment that takes place behind borders, MFN clauses work differently. In early BITs, as national treatment (NT) was not granted systematically, the inclusion of MFN treatment clauses was generalized in order to ensure that the host States, while not granting NT, would accord a covered foreign investor a treatment that is no less favourable than that it accords to a third foreign investor and would benefit from NT as soon as the country would grant it. Nowadays the overwhelming majority of IIAs have a MFN provision that goes alongside NT, mostly in a single provision.
- PreviewO contencioso brasil-estados unidos sobre o algodão: um caso bem-sucedido de desenvolvimento de capacidades (English)Case study by Mário Ferreira Presser e Luciana Togeiro de Almeida, 2015, 6 pagesCategories: Commodities, International Economic Law, VI Members Research
Capacity Building Case Study - Brazil-US: Cotton
- PreviewPatents and Clean Energy: Bridging the Gap Between Evidence and Policy (English)Report by UNEP/EPO/ICTSD, 2010, 50 pagesCategories: International Economic Law, Trade and Environment
Technology development and its rapid diffusion are considered crucial for tackling the climate change challenge. In particular, enhancing technology transfer towards developing countries has been an integral part of the global climate change regime since the inception of the United Nations Framework Convention on Climate Change (UNFCCC). The role of intellectual property rights (IPRs) in the transfer of climate change technologies has emerged as a particularly contentious issue in the past two years. Against this background, the United Nations Environment Programme(UNEP), the European Patent Office (EPO) and the International Centre for Trade and Sustainable Development(ICTSD) joined forces to undertake an empirical study on the role of patents in the transfer of clean energy technologies(CETs).
- PreviewPolicy Space to Prevent and Mitigate Financial Crises in Trade and Investment Agreements (English)Discussion paper by Gallagher, Kevin P., 2010, 34 pagesCategories: International Economic Law, Macroeconomic Policy
Do nations have the policy space to deploy capital controls in order to prevent and mitigate financial crises? This paper examines the extent to which measures to mitigate this crisis and prevent future crises are permissible under a variety of bilateral, regional and multilateral trade and investment agreements. It is found that the United States trade and investment agreements, and to a lesser extent the WTO, leave little room to manoeuvre when it comes to capital controls. This is the case despite the increasing economic evidence showing that certain capital controls can be useful in preventing or mitigating financial crises. It also stands in contrast with investment rules under the IMF, OECD and the treaties of most capital exporting nations which allow for at least the temporary use of capital controls as a safeguard measure. Drawing on the comparative analysis conducted in the paper, the author offers a range of policies that could be deployed to make the United States investment rules more consistent with the rules of its peers and the economic realities of the 21st century.
- PreviewPractical Considerations in Managing Trade Disputes (English)Note by ICTSD, 2012, 22 pagesCategories: International Economic Law, WTO Issues/Multilateral Trading System
This note presents the main findings and recommendations from the “South-South Dialogue on Managing Trade Disputes”, facilitated by the International Centre for Trade and Sustainable Development (ICTSD), the WTO and the Advisory Centre on WTO Law (ACWL). Aimed at identifying lessons and best-practices, the dialogue focused on developing countries’ experiences with managing disputes at the domestic level.
- PreviewProactive Intellectual Property (IP) Strategies for Local Creation of IP Assets (English)Presentation by Olga Spasic, 2005, 19 pagesCategories: International Economic Law, Science and Technology
What: A power point presentation on what Intellectual Property (IP) assets are and why IP assets matter? It then goes to deal with the benefits of IP assets and how it can be developed. Who: Relevant for anyone teaching or learning Intellectual Property strategies. How: Can be used for a lesson on strategies for creation of IP assets.
- PreviewProtecting Shared Traditional Knowledge (English)Working paper by Muller, Manuel/ICTSD, 2013, 38 pagesCategories: International Economic Law, Science and Technology, Trade and Poverty
This paper offers some initial suggestions on how to address issues concerning the traditional knowledge (TK) of indigenous peoples, which is shared and distributed widely among communities and beyond. In a scenario where there is growing international and national interest to legally protect TK related to biodiversity, the question of how to achieve this when TK is shared is particularly complicated. Who has rights, who consents to access and use of TK, how are benefits shared and between whom, are just some of the vexing questions that must be addressed to advance and inform policymaking and the development of legal standards. The study reviews some of the legal and policy options that exist for the protection of shared and widely distributed TK.
- PreviewReform of Investor-state Dispute Settlement: In Search of a Roadmap (English)Note by UNCTAD, 2013, 12 pagesCategories: International Economic Law
This issues note by the UNCTAD secretariat outlines five paths for reform of the investor-State dispute settlement (ISDS) regime, which is plagued by concerns related to perceived deficit of legitimacy and transparency; contradictions between arbitral awards; difficulties in correcting erroneous arbitral decisions; questions about the independence and impartiality of arbitrators, and costs and time of arbitral procedures.
- PreviewReview of Maritime Transport 2010 (English)Report by UNCTAD, 2010, 213 pagesCategories: Competitiveness, International Economic Law
The Review of Maritime Transport is a recurrent publication prepared by the UNCTAD secretariat since 1968 with the aim of fostering the transparency of maritime markets and analysing relevant developments. It is divided into seven chapters. The first chapter "Development in International Seaborne Trade" reviews the overall performance of the global economy in 2009, considers developments in world seaborne trade volumes and highlights some emerging global challenges which are affecting maritime transport. It also looks more closely at developments affecting energy-related bulk cargoes, namely oil, gas and coal. The second chapter "Structure, Ownership and Registration of the World Fleet" presents the supply-side dynamics of the world maritime industry. The third chapter "Productivity of the World Fleet, and Supply and Demand in World Shipping" provides information on the operational productivity of the world fleet and an analysis of the balance between supply and demand for tonnage and container-carrying capacity. Chapter four "Freight Rates" covers freight rates in the tanker market, the major dry bulk cargo markets and the liner shipping market. Each section contains information on recent developments in that area, followed by an analysis of how freight rates have performed over the course of 2009 and into 2010. Chapter five "Port and Multimodal Trasport Developments" covers some of the major port development projects under way in developing countries, container throughput, liner shipping connectivity, improvements in port performance, and multimodal transportation in the areas of road, rail, and inland waterways. The sixth chapter "Legal Issues and Regulatory Developments" provides information on some important legal issues and recent regulatory developments in the fields of transport and trade facilitation, together with information on the status of ratification of some of the main maritime conventions. The last chapter "Review of Regional Developments in Asia and the Pacific" follows up on the developments in international transport and trade in the Asia-Pacific region reported in the Review of Maritime Transport 2007. It examines regional developments from 2007 to 2009, and gives special consideration to landlocked developing countries in the region.
- PreviewScope And Definition (English)Article by UNCTAD, 2011, 163 pagesCategories: International Economic Law
This paper analyses the scope and definitions of international investment agreements (IIAs). IIAs must specify not only their geographical and temporal coverage, but, most importantly, their subject-matter coverage. This is done primarily through the definitions of the terms “investment” and “investor”, which form the main focus of this paper. The definition of “investment” determines economic interests, to which governments extend substantive IIA protections, while the definition of “investor” specifies the range of individuals and legal entities that can benefit from the treaty.
- PreviewSovereign Wealth Funds and the Principle of State Immunity from Taxation. Which Implications for Economic Development? (English)Article by Michele Barbieri, 2010, 32 pagesCategories: International Economic Law, VI Members Research
Taxes levied by host States on transnational investments undertaken in their territory by Sovereign Wealth Funds (SWFs) owned by other countries have a relevant impact on the financial performance of SWFs and, finally, on the amount of wealth available to the States owning SWFs. As most owners of SWFs are developing countries and economies in transition and as SWFs are tools such States can use to promote sustainable economic development, the taxation of SWFs by host countries often has an impact on the developmental policies of the States which own SWFs. Starting from the analysis of the principle of State immunity, the paper will try to elaborate a theory on the taxation of SWFs which at the same time takes into consideration the role that SWFs play in the promotion of economic development.
- PreviewSustainable Development in International Intellectual Property Law (English)Working paper by UNCTAD, 2010, 47 pagesCategories: International Economic Law
In international law, the concept of sustainable development has an ambiguous meaning and several distinct connotations. Among these, the principle of integration and reconciliation of economic, social and environmental interests functions as a core element. The relevant literature states that institutions, economic policy and geography are the three most important determinants of a country’s economic performance. The purpose of this paper is to further investigate the institutions hypothesis.
- PreviewTrade In Healthcare And Health Insurance Services : The GATS As A Supporting Actor (English)Working paper by Adlung, Rudolf/WTO, 2009, 29 pagesCategories: International Economic Law, WTO Issues/Multilateral Trading System
The General Agreement on Trade in Services (GATS) is broader in policy coverage than conventional trade agreements for goods and, at the same time, offers governments more flexibility, in various dimensions, to tailor their obligations to sector- or country-specific needs. An overview of existing commitments on healthcare and health insurance services shows that WTO Members have made abundant use of these possibilities. While most participants elected not to undertake bindings on healthcare services at the end of the Uruguay Round, nor to make offers in the ongoing negotiations, insurance services have been among the most frequently committed sectors. If there is a common denominator, regardless of the Members concerned (except for recently acceded countries), it is the existence of a lot of 'water' between existing commitments and more open conditions of actual access in many sectors. This may also explain, in part, why there have been very few trade disputes under the GATS to date - far fewer than under the GATT in merchandise trade. Also,governments appear to be generally hesitant in politically and socially sensitive areas to take action in the WTO. There are indications, however, that the same 'players' have acted differently in other policy contexts. For example, it appears that under recent preferential trade agreements (PTAs) the European Communities has been even more cautious in committing on hospital services and protecting scope for (discriminatory) subsidies than under the GATS. Yet, this is not necessarily true for the obligations assumed by many countries, including individual EC Member States, under bilateral investment treaties (BITs). These treaties overlap with the GATS, as far as commercial presence is concerned, and may be used by aggrieved investors to challenge policy restrictions in host countries. However, though frequently invoked, BITs do not meet the same standards, in terms of transparency, open (consensual) rulemaking and legal certainty, as commitments under the GATS.
- PreviewTraining Module on the WTO Agreement on Trade-related Aspects of Intellectual Property Rights (trips) (English)Manual by Correa, Carlos/ UNCTAD, 2010, 60 pagesCategories: International Economic Law, Trade and Environment, WTO Issues/Multilateral Trading System
This module commences by providing background – including a historical perspective – on IPRs and the TRIPS Agreement. Then, chapter II offers a brief overview of different IPRs followed by chapter III, which discusses the interlinkages between IPRs and development. In so doing, chapter III looks at key aspects, including sector-specific impacts of IPRs, the impact of IPRs on gross domestic product (GDP) and the impact of IPRs on the private sector and on key public policy issues. Chapter IV provides a short description of the TRIPS Agreements and its main cross-cutting and IPR-specific provisions. Finally, chapter VI sketches out how the TRIPS Agreement evolves, most importantly through dispute settlement and the built-in agenda.
- PreviewTransparency - UNCTAD Series on Issues in International Investment Agreements (English)Report by UNCTAD, 2004, 118 pagesCategories: International Economic Law
What: The aim of this paper is to examine how transparency issues have been addressed in international investment agreements (IIAs) and other relevant instruments dealing with international investment. The concept of transparency is closely associated with promotion and protection in the field of international investment. The paper identifies some of the main issues that influence State and corporate approaches to the question of transparency in international investment relations. Who: Relevant for anyone researching or teaching the concept of transparency. How: Can be used for research or lectures on transparency issues.
- PreviewUse of the WTO Trade Dispute Settlement Mechanism By The Latin American Countries – Dispelling Myths And Breaking Down Barriers (English)Working paper by Torres, Raúl/WTO, 2012, 26 pagesCategories: International Economic Law, WTO Issues/Multilateral Trading System
The WTO's Dispute Settlement Mechanism (DSM) has been hailed as a fundamental aspect of the Multilateral Trading System for developing countries. At the same time developing countries face many challenges to ensure their effective participation in the mechanism. This paper presents statistical evidence of how Latin-American countries have been very active in their use of the DSM, especially when their use of the mechanism is compared to their participation in world trade. This paper also analyses why, to a large extent, Latin American countries have overcome the challenges of participating in the DSM; and have done so by coming up with innovative and creative solutions, without deviating from the guidelines established by WTO rules.
- PreviewUsing Intellectual Property Rights to Stimulate Pharmaceutical Production in Developing Countries: A Reference Guide (English)Report by UNCTAD, 2011, 204 pagesCategories: International Economic Law, Science and Technology, WTO Issues/Multilateral Trading System
The objective of this guide is to provide concise and practical information on ways to promote local pharmaceutical production and improve access to medicines through a variety of policy tools, focusing on the flexibilities provided under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), and the interfaces between IP, investment,drugs regulation and procurement strategies.
- PreviewVirtual Institute Teaching Material on Economic and Legal Aspects of Foreign Direct Investment (English)Manual by UNCTAD Virtual Institute, 2010, 331 pagesCategories: International Economic Law, Investment
The Virtual Institute teaching material on "Economic and Legal Aspects of Foreign Direct Investment" has been updated. The publication is divided into four modules that cover: (1) the economic aspects of FDI in general; (2) policy aspects of FDI in developing countries; (3) key issues in International Investment Agreements; and (4) the interaction between investment and other areas, such as services, technology transfer, employment, etc.
- PreviewVirtual Institute Teaching Material on Regional Trade Agreements (English)Manual by UNCTAD, 2010, 192 pagesCategories: International Economic Law, Regional and Bilateral Trade Agreements
The teaching material gives a theoretical and practical overview of the different aspects concerning regional Trade Agreements (RTAs). It consists of five modules which focus on the historical and current relevance of regional integration for developing countries (Module 1); RTAs in economic theory (Module 2); the correlation between RTA rules and the WTO legal framework (Module 3); negotiating issues (Module 4); and regional trade analysis using international databases (Module 5).
- PreviewVirtual Institute Teaching Material on Transfer of Technology (English)Book by UNCTAD, 2012, 132 pagesCategories: International Economic Law, Science and Technology
The aim of this course is to introduce and discuss key concepts related to international technology transfer, and in particular, the transfer of technology from technologically-advanced countries to those that are lagging behind. The teaching material comprises four modules. The first module presents definitions of basic terms and concepts, gives an overview of the various channels and modes of international technology transfer and the measures that can be used to facilitate it. The second module shows current trends in the international transfer of technology and discusses the technology transfer process in more detail. The third module focuses on the complex relationship between intellectual property rights and international technology transfer. Finally, the last module explains and discusses international agreements dealing with related international technology transfer issues.
- PreviewWorld Investment Report 2003: Fdi Policies for Development: National and International PerspectivesReport by UNCTAD, 2003, 322 pagesCategories: International Economic Law, Investment
Analysis of the foreign direct investment (FDI) downturn, its reasons and the role of national policies and international investment agreements (IIA) in attracting FDI to a country and for a country to benefit from it. · A key reading for anyone interested in the global economy as this reports looks at the various institutional, micro and macroeconomic causes behind the most significant FDI downturn in three decades. · Main contents: I: FDI Down 21% Globally, II: Uneven Performance Across Regions, III: Key National FDI Policies And International Investment Agreements, IV: Eight Key Issues: National Experiences And International Approaches, V: The Importance of National Policy Space, VI: Home Countries and Investors.
- PreviewWorld Investment Report 2003: Fdi Policies for Development: National and International Perspectives - Overview (English)Summary by UNCTAD, 2003, 48 pagesCategories: International Economic Law, Investment
Analysis of the foreign direct investment (FDI) downturn, its reasons and the role of national policies and international investment agreements (IIA) in attracting FDI to a country and for a country to benefit from it. · A key reading for anyone interested in the global economy as this reports looks at the various institutional, micro and macroeconomic causes behind the most significant FDI downturn in three decades.
- PreviewWorld Investment Report 2015: Reforming International Investment Governance - Overview (English)Report by UNCTAD, 2015, 66 pagesCategories: International Economic Law, Investment
This Report tackles the key challenges in international investment protection and promotion, including the right to regulate, investor-state dispute settlement, and investor responsibility. It examines the fiscal treatment of international investment, including contributions of multinational corporations in developing countries, fiscal leakage through tax avoidance, and the role of offshore investment links. Furthermore, it offers a menu of options for the reform of the international investment treaties regime, together with a roadmap to guide policymakers at the national, bilateral, regional and multilateral levels. Finally, the Report proposes a set of principles and guidelines to ensure coherence between international tax and investment policies.
- PreviewWorld Trade Law and Renewable Energy: The Case of Non-tariff Barriers (English)Report by UNCTAD, 2009, 22 pagesCategories: International Economic Law, WTO Issues/Multilateral Trading System
The study is far from an exhaustive examination of these issues. For example, it does not deal with government procurement where plurilateral disciplines exist in the WTO, nor have the Trade Related Investment Measures (TRIMs) or Trade Related Intellectual Property Rights (TRIPs) agreements been considered. The omission of these matters should not be interpreted as a judgment that they are peripheral or secondary in importance. In many areas, the analysis is speculative, aimed at raising qquestions and suggesting areas where domestic and international policymakers may need to consider undertaking further analysis. Above all, it should be stressed that the study raises these matters at a very general level. Whether any given governmental measure is consistent with WTO rules is a highly contextual qquestion, that may well depend on the exact design features of that particular measure, and its broader context – regulatory, technological and commercial. Thus, nothing in this study should be considered as a judgment that any actual measure of any particular government violates WTO rules.
- PreviewWTO Analytical Index: Supplement Covering New Developments in WTO Law and Practice October 2011 – January 2013 (English)Book by WTO, 2013, 218 pagesCategories: International Economic Law, WTO Issues/Multilateral Trading System
As a supplement to the legal research tool "The Analytical Index", this resource covers developments in WTO law and practice after 30 September 2011. The Supplement is divided into two parts: "New Dispute Settlement Reports, Awards and Decisions" covers jurisprudence and "Other Developments in WTO Law and Practice" contains summaries and extracts on decisions and other significant activities of WTO bodies. Its coverage includes the WTO, the GATT 1994, the SPS, the TBT, the TRIMS and the SCM Agreements as well as the Agreements on Anti-Dumping, Safeguards and Government Procurement.
- PreviewWTO Dispute Settlement - One-page Case Summaries (1995-2007) (English)Case study by WTO, 2008, 172 pagesCategories: International Economic Law, WTO Issues/Multilateral Trading System
This second edition publication offers case-by-case, single page summaries of panel and Appellate Body reports adopted by the WTO Dispute Settlement Body as of 31 December 2007. Intended to facilitate understanding of WTO dispute settlement cases among WTO Members by providing core facts, substantive findings contained in the adopted panel, summaries of key findings on significant procedural matters and, where applicable, Appellate Body reports for each decided case are documented. Other matters of particular significance raised during the proceedings are listed in accompanying footnotes to each case. Cases are indexed by article and by WTO agreement.