Unless it boosts capacity in commercial law, Mongolia risks discouraging inward investment, not least in the vital mining sector. To avoid this happening, IDLO has been working with Mongolia's Supreme Court and Judicial General Council to improve the courts' ability to apply commercial law. In particular, we have ensured that 24 Mongolian judges are equipped to train their peers in areas such as mining disputes, intellectual property and competition 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.
Mongolia’s investment climate is chronically undermined by poor enforcement of rulings. In an effort to improve the enforcement rate, IDLO has been helping strengthen the Mongolian General Executive Agency of Court Decisions by building the capacity of more than 200 bailiffs (12 of them bailiffs-trainers) in areas including sale and seizure of property, mediation and international arbitration, and conflict management.
IDLO has concluded a series of workshops on Competition Law in Montenegro – part of continuing efforts to support the country as it prepares for EU accession. The area has historically been seen as a weakness. Ten participants from the Agency for the Protection of Competition and the Chamber of Commerce joined the interactive, case-oriented workshop.
The EU has called on candidate country Montenegro to intensify efforts to consolidate the rule of law, fight organized crime and reduce corruption.
IDLO Director-General Irene Khan met Mongolian President Tsakhiagiin Elbegdorj and Minister of Foreign Affairs Purevsuren Lundeg in Davos, Switzerland on 22 January 2015, to strengthen collaboration.
In its latest report on Montenegro’s progress towards EU membership, the European Commission has highlighted the need to strengthen the capacity of the country’s agency tasked with enforcing competition law. Cartels and abuse of dominance, the report suggests, are challenges that remain overlooked.
The Italian Justice Minister, Andrea Orlando, has expressed strong interest in reinforcing his Ministry’s cooperation with IDLO. Mr. Orlando’s comments came as he met IDLO Director-General Irene Khan to discuss judicial and legal capacity development in Yemen. It was the highest-level encounter between the Italian Ministry of Justice and IDLO in some years.
There was not much Roman sun, IDLO Director-General Irene Khan observed, to welcome a senior Mongolian delegation earlier this week. But it was still an improvement on the harsh winter of Ulaanbaatar – and indeed, some visitors could be seen enjoying the weather’s relative clemency during a coffee break.
In 2011, IDLO opened an office in Dushanbe, with the stated aim of giving the entire Tajik judiciary a grounding in commercial law. To this end, we have partnered with the Supreme Court of Tajikistan, the Council of Justice and the Judicial Training Centre (JTC). The country, which is negotiating access to the World Trade Organization, has received minimal foreign investment to date. We are building the capacity of Tajik judges on topics including property rights, land contract and privatization disputes, creditor rights and secured assets, and corporate governance.
In late 2010, Montenegro was officially recognized as a European Union candidate country. Two years later, formal talks opened. As Montenegro negotiates accession, IDLO has been working to expand the capacity of the country’s judiciary in commercial law, and to improve familiarity with EU standards. We have collaborated with the Judicial Training Centre (JTC), Montenegro’s only national institution dealing with the professional education of judges, and provided practical training on competition law and intellectual property.
The private sector is of central importance for The Gambia, a Least Developed Country where the availability of private capital from foreign and domestic investors is critical to promote sustainable economic growth, increase employment and ensure better living conditions.
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.
Serbia has recently implemented several judicial reforms to modernize and improve the regulatory framework for mediation, such as the new Law on Mediation in 2014. By implementing the new legal framework on mediation, the number of registered mediators and of mediation cases in Serbia have both increased. However, the Supreme Court of Cassation still registers an excessive amount of backlogged cases.