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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

In partnership with the European Bank for Reconstruction and Development and the Kuwait Fund for Arab Economic Development, from 2017 to 2020, IDLO implemented projects to create a more supportive environment for women entrepreneurs in Jordan.

Through baseline assessments and field research, IDLO identified key legal, social and economic obstacles that hinder women entrepreneurs from resolving business-related disputes.

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.

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Key Initiatives

  • As part of IDLO’s continuous commitment to accountability and results-based management, IDLO is pleased to share this Evaluation Brief (summarised evaluation report):  “Implementation of a Commercial Law Judicial Training Program in Tajikistan” (2011-2014). The evaluation has been conducted by independent evaluation experts, supervised by IDLO’s Evaluation Unit. This exercise utilized a theory-driven, mixed-method approach, in line with the IDLO Evaluation Guidelines and OECD DAC standards.
  • As part of IDLO’s continuous commitment to accountability and results-based management, IDLO is pleased to share this Evaluation Brief (summarised evaluation report): “Commercial Law Judicial Capacity Building in Mongolia”. The evaluation has been conducted by independent evaluation experts, supervised by IDLO’s Evaluation Unit.
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