International Development Law Organization

Commercial Law

Commercial law is one of the main deficit areas in transition economies and in countries seeking to move up the economic value chain. Globalization has vastly expanded the need for competence in this field. A sound knowledge and practice of commercial law facilitates economic integration. It enables poorer nations to secure better terms in international or bilateral trade agreements, and empowers resource-rich ones to handle large foreign investment flows. Where investment is scarce, commercial law capacity encourages it by improving the overall business climate.

Judicial Training on Intellectual Property in Tunisia

A strong regime of intellectual property (IP) law is crucial for fostering increased investment and innovation in key sectors of the economy. In recent years Tunisia has focused on building and implementing a policy for attracting foreign investment. Following the adoption of the new constitution, many laws regulating the economy were revised and a new investment code was adopted. The Tunisian government has also strengthened the legal framework for protecting IP, by acceding to the majority of treaties relating to IP and passing several laws on these matters.

Jordan: Women entrepreneurs’ access to justice

While women entrepreneurs in Jordan contribute greatly to the economic development of their countries, they face a range of legal, social and economic challenges as compared to men in setting up and running their businesses and resolving disputes. Lack of awareness among women entrepreneurs about their legal rights can prevent them from accessing legal avenues to help settle their claims, and lack of gender sensitivity among justice actors in the implementation of business and economic laws might lead to unintended biased decisions that adversely affect women-owned businesses.

Commercial Mediation in Tajikistan

The judiciary in Tajikistan, despite ongoing structural reform, continues to suffer from limited financing and capacity. Mediation could dramatically ease the burden of judges and the formal courts, but there is currently no law on mediation in the country. The concept is strongly linked to peace building and community conflict resolution rather than an alternative dispute resolution mechanism as mediation was introduced to resolve post-conflict situations after Tajikistan’s civil war.

Bailiff Service Capacity Building

Tajikistan’s enforcement framework and practice is considered to be the poorest in the region according to an assessment by the European Bank for Reconstruction and Development (EBRD).  Non-enforcement and lengthy delays of court decisions, particularly with regards to commercial matters, is a significant problem which affects investor confidence and, as a result, economic indicators.

Pages

Key Initiatives

  • The Gambia’s transition to democracy has led to an increase in foreign investors wishing to undertake commercial and infrastructure projects in the country. While an opportunity to strengthen the country’s markets, The Gambia recognizes that foreign investment may easily turn into a potential liability if not properly managed and regulated. To address this concern, IDLO has been requested to provide State Counsels and relevant government actors with specialized knowledge in commercial and investment law to be able to provide effective legal advice on transactional matters.
  • Tunisia has achieved considerable economic progress in recent years despite regional challenges affecting foreign direct investment (FDI) inflows. Because FDI is so critical to the economic growth necessary to underpin economic growth and stability, Tunisia recognizes the need to attract and retain more FDI, building on the investments already made in the country. With the guidance and support of the Ministry of Development, Investment and International Cooperation (MDICI), Tunisia has engaged with IDLO to strengthen Tunisia's institutional capacity in relation to intern
  • Alternative dispute resolution, and in particular mediation, is finally gaining momentum in Tajikistan. Previous attempt to introduce law on mediation in Tajikistan have not been successful and consequently there is currently no formal legal framework for mediation. In the first phase of the project, the International Development Law Organization worked to promote commercial mediation and build momentum for its expansion. However, there is still the need to provide assistance to the Chamber of Commerce and Industry Mediation Center and improve its effectiveness.
  • Justice within the context of commercial law is premised on the fact that an effective commercial justice system meets and facilitates the specialized needs of the business community and the private sector at large. However, there are persistent challenges related to the dispensation of commercial justice in Kenya.
  • In recent years Jordan has taken significant steps toward promoting economic development, including through strengthening rule of law. Judicial specialization in relevant areas, while promoting an enabling environment for capacity development within the relevant judicial institutions is crucial to maximize the impact of those efforts and ensure sustainability. At the same time, attention has been given to encouraging entrepreneurship, in particular women entrepreneurs, as a means to achieve economic growth.
Subscribe to RSS - Commercial Law