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.

Bailiff Service Capacity Building in Kyrgyzstan

The Court Department under the Supreme Court of the Kyrgyz Republic currently lacks a managerial and institutional strategy necessary to address increasing commercial litigation turnover and legal preparedness among bailiffs, which undermines the credibility and functionality of the judicial system. Despite the progress achieved by the judicial system in improving its commercial law capacity, enforcement of judicial decisions remains a hindrance to an effective commercial dispute resolution framework.

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.

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