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តួនាទីនៃក្រុមប្រឹក្សាធម្មនុញ្ញ.

តួនាទីនៃក្រុមប្រឹក្សាធម្មនុញ្ញ

vannarachin — Tue, 21 Feb 2012 14:39:26 +0000

Filed under: ព័ត៌មានទាក់ទងវិស័យច្បាប់

World Intellectual Property Organization

vannarachin — Wed, 08 Feb 2012 11:08:00 +0000

ប្រភព៖ (http://en.wikipedia.org/wiki/World_Intellectual_Property_

Organization)

From Wikipedia, the free encyclopedia

World Intellectual Property Organization
WIPO logo
Org type	Specialized Agency
Acronyms	WIPO
Head	Director-General of WIPO Francis Gurry
Status	Active
Established	July 14, 1967
Website	www.wipo.int

WIPO members

Members

Non-members

Francis Gurry in 2011

The World Intellectual Property Organization (WIPO) is one of the 17 specialized agencies of the United Nations. WIPO was created in 1967 “to encourage creative activity, to promote the protection of intellectual property throughout the world”.^[1]

WIPO currently has 185 member states,^[2] administers 24 international treaties,^[3] and is headquartered in Geneva, Switzerland. The current Director-General of WIPO is Francis Gurry, who took office on October 1, 2008.^[4] 183 of the UN Members as well as the Holy See are Members of WIPO. Non-members are the states of Cook Islands, Kiribati, Marshall Islands, Federated States of Micronesia, Nauru, Niue, Palau, Solomon Islands, Timor-Leste,Tuvalu, Vanuatu and the states with limited recognition. Palestine has observer status.^[5]

Contents

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[edit]History

The predecessor to WIPO was the BIRPI (Bureaux Internationaux Réunis pour la Protection de la Propriété Intellectuelle, French acronym for United International Bureaux for the Protection of Intellectual Property), which had been established in 1893 to administer the Berne Convention for the Protection of Literary and Artistic Works and the Paris Convention for the Protection of Industrial Property.

WIPO was formally created by the Convention Establishing the World Intellectual Property Organization, which entered into force on April 26, 1970. Under Article 3 of this Convention, WIPO seeks to “promote the protection of intellectual property throughout the world.” WIPO became a specialized agency of the UN in 1974. The Agreement between the United Nations and the World Intellectual Property Organization^[6] notes in Article 1 that WIPO is responsible

“for promoting creative intellectual activity and for facilitating the transfer of technology related to industrial property to the developing countries in order to accelerate economic, social and cultural development, subject to the competence and responsibilities of the United Nations and its organs, particularly the United Nations Conference on Trade and Development, the United Nations Development Programme and the United Nations Industrial Development Organization, as well as of the United Nations Educational, Scientific and Cultural Organization and of other agencies within the United Nations system.”

The Agreement marked a transition for WIPO from the mandate it inherited in 1967 from BIRPI, to promote the protection of intellectual property, to one that in theory involved the more complex task of promoting technology transfer and economic development. ^[7] However, these two mission are often not compatible. ^[8]

Unlike other branches of the United Nations, WIPO has significant financial resources independent of the contributions from its Member States. In 2006, over 90% of its income of just over CHF 250 million^[9] was expected to be generated from the collection of fees by the International Bureau (IB) under the intellectual property application and registration systems which it administers (the Patent Cooperation Treaty, the Madrid system for trade marks and theHague system for industrial designs).

[edit]Criticism

As with all United Nations multi-government forums, WIPO is not an elected body. WIPO usually attempts to reach decisions by consensus, but in any vote, each Member State is entitled to one vote, regardless of population or contribution to the funding. This has highlighted a disagreement over certain issues, due to the North-South divide in the politics of intellectual property. During the 1960s and 1970s, developing nations were able to block expansions to intellectual property treaties, such as universal pharmaceutical patents which might have occurred through WIPO^[vague]

In the 1980s, this led to the United States and other developed countries “forum shifting” intellectual property standard-setting out of WIPO and into theGeneral Agreement on Tariffs and Trade, which later evolved into the World Trade Organization, where the North had greater control of the agenda. This strategy eventually resulted in the enactment ofAgreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).^{[citation needed]}

Much of the work at WIPO is done through committees, including the Standing Committee on Patents (SCP), the Standing Committee on Copyright and Related Rights (SCCR), the Advisory Committee on Enforcement (ACE), and the Intergovernmental Committee (IGC) on Access to Genetic Resources, Traditional Knowledge and Folklore, and the Working Group on Reform of the Patent Cooperation Treaty.^[who?]

In October 2004, WIPO agreed to adopt a proposal offered by Argentina and Brazil, the “Proposal for the Establishment of a Development Agenda for WIPO” – from the Geneva Declaration on the Future of the World Intellectual Property Organization.^[10] This proposal was well supported by developing countries. A number of civil society bodies have been working on a draft Access to Knowledge (A2K)^[11] Treaty which they would like to see introduced.

The Washington Post reported in 2003 that Lois Boland (USPTO Director of International Relations) said “that open-source software runs counter to the mission of WIPO, which is to promote intellectual-property rights.” Also saying, “To hold a meeting which has as its purpose to disclaim or waive such rights seems to us to be contrary to the goals of WIPO.”^[12]

[edit]Information network

WIPO has established WIPOnet, a global information network. The project seeks to link over 300 intellectual property offices (IP offices) in all WIPO Member States. In addition to providing a means of secure communication among all connected parties, WIPOnet is the foundation for WIPO’s intellectual property services.^[13]

[edit]See also

[edit]Notes and references

^ Convention Establishing the World Intellectual Property Organization, [1] signed at Stockholm on July 14, 1967, Preamble, second paragraph.
^ List of members states of WIPO. Consulted on February 2, 2012.
^ Treates administered by WIPO. Consulted on September 11, 2008.
^ WIPO web site, Francis Gurry is appointed Director General of WIPO, News Archive 2008. Consulted on September 27, 2008.
^ Palestine WIPO status
^ Agreement between the United Nations and the World Intellectual Property Organization
^ p12, Shabalala et al. “A Citizen’s Guide to WIPO” CIEL 2007. Available at:http://www.ciel.org/Publications/CitizensGuide_WIPO_Oct07.pdf
^ Helpman, Elhanan (1990) Innovation, Imitation, and Intelectual Property Rightshttp://www.nber.org/papers/w4081.pdf?new_window=1
^ Proposed program and budget 2006/2007 estimates 456m fee income out of total 531m income for the biennium, WO/PBC/8/3
^ Consumer Project on Technology web site, Geneva Declaration on the Future of the World Intellectual Property Organization
^ Consumer Project on Technology web site, Access to Knowledge (A2K)
^ Jonathan Krim, The Quiet War Over Open-Source, The Washington Post, August 21, 2003
^ United Nations Multilingual Terminology Database, Entry on World Intellectual Property Organization. Consulted on February 24, 2008.

[edit]External links

Wikimedia Commons has media related to: World Intellectual Property Organization

Wikiquote has a collection of quotations related to: World Intellectual Property Organization

World Intellectual Property Organization (WIPO) website

List of member states

World Trade Organization

vannarachin — Wed, 08 Feb 2012 09:54:24 +0000

ប្រភព៖ (http://en.wikipedia.org/wiki/Wto)

From Wikipedia, the free encyclopedia

(Redirected from Wto)

“WTO” redirects here. For other uses, see WTO (disambiguation).

The organization is currently endeavoring to persist with a trade negotiation called the Doha Development Agenda (or Doha Round), which was launched in 2001 to enhance equitable participation of poorer countries which represent a majority of the world’s population. However, the negotiation has been dogged by “disagreement between exporters of agricultural bulk commodities and countries with large numbers of subsistence farmers on the precise terms of a ‘special safeguard measure’ to protect farmers from surges in imports. At this time, the future of the Doha Round is uncertain.”^[6]The World Trade Organization (WTO) is an organization that intends to supervise and liberalize international trade. The organization officially commenced on January 1, 1995 under the Marrakech Agreement, replacing the General Agreement on Tariffs and Trade (GATT), which commenced in 1948. The organization deals with regulation of trade between participating countries; it provides a framework for negotiating and formalizing trade agreements, and a dispute resolution process aimed at enforcing participants’ adherence to WTO agreements which are signed by representatives of member governments and ratified by their parliaments.^[4]^[5] Most of the issues that the WTO focuses on derive from previous trade negotiations, especially from the Uruguay Round (1986–1994).

Contents

[hide]

[edit]History

Harry White (l) and John Maynard Keynes at the Bretton Woods Conference — Both economists had been strong advocates of a liberal international trade environment, and recommended the establishment of three institutions: the IMF (fiscal and monetary issues), the World Bank (financial and structural issues), and the ITO (international economic cooperation).^[7]

The WTO’s predecessor, the General Agreement on Tariffs and Trade (GATT), was established after World War II in the wake of other new multilateral institutions dedicated to international economic cooperation — notably the Bretton Woods institutions known as the World Bank and the International Monetary Fund. A comparable international institution for trade, named the International Trade Organization was successfully negotiated. The ITO was to be a United Nations specialized agency and would address not only trade barriers but other issues indirectly related to trade, including employment, investment, restrictive business practices, and commodity agreements. But the ITO treaty was not approved by the U.S. and a few other signatories and never went into effect.^[8]^[9]^[10]

In the absence of an international organization for trade, the GATT would over the years “transform itself” into a de facto international organization.^[11]

[edit]GATT rounds of negotiations

The GATT was the only multilateral instrument governing international trade from 1947 until the WTO was established in 1995.^[12] Despite attempts in the mid 1950s and 1960s to create some form of institutional mechanism for international trade, the GATT continued to operate for almost half a century as a semi-institutionalized multilateral treaty regime on a provisional basis.^[13]

[edit]From Geneva to Tokyo

Seven rounds of negotiations occurred under GATT. The first real GATT trade rounds concentrated on further reducing tariffs. Then, the Kennedy Round in the mid-sixties brought about a GATT anti-dumping Agreement and a section on development. The Tokyo Round during the seventies was the first major attempt to tackle trade barriers that do not take the form of tariffs, and to improve the system, adopting a series of agreements on non-tariff barriers, which in some cases interpreted existing GATT rules, and in others broke entirely new ground. Because these plurilateral agreements were not accepted by the full GATT membership, they were often informally called “codes”. Several of these codes were amended in the Uruguay Round, and turned into multilateral commitments accepted by all WTO members. Only four remained plurilateral (those on government procurement, bovine meat, civil aircraft and dairy products), but in 1997 WTO members agreed to terminate the bovine meat and dairy agreements, leaving only two.^[12]

[edit]Uruguay Round

During the Doha Round, the US government blamed Brazil and India for being inflexible, and the EU for impeding agricultural imports.^[14] The Ex-President of Brazil, Luiz Inácio Lula da Silva, responded to the criticisms by arguing that progress would only be achieved if the richest countries (especially the US and countries in the EU) make deeper cuts in their agricultural subsidies, and further open their markets for agricultural goods.^[15]

Main article: Uruguay Round

Well before GATT’s 40th anniversary, its members concluded that the GATT system was straining to adapt to a new globalizing world economy.^[16]^[17] In response to the problems identified in the 1982 Ministerial Declaration (structural deficiencies, spill-over impacts of certain countries’ policies on world trade GATT could not manage etc.), the eighth GATT round — known as the Uruguay Round — was launched in September 1986, in Punta del Este, Uruguay.^[16]

It was the biggest negotiating mandate on trade ever agreed: the talks were going to extend the trading system into several new areas, notably trade in services and intellectual property, and to reform trade in the sensitive sectors of agriculture and textiles; all the original GATT articles were up for review.^[17]The Final Act concluding the Uruguay Round and officially establishing the WTO regime was signed April 15, 1994, during the ministerial meeting atMarrakesh, Morocco, and hence is known as the Marrakesh Agreement.^[18]

The GATT still exists as the WTO’s umbrella treaty for trade in goods, updated as a result of the Uruguay Round negotiations (a distinction is made betweenGATT 1994, the updated parts of GATT, and GATT 1947, the original agreement which is still the heart of GATT 1994).^[16] GATT 1994 is not however the only legally binding agreement included via the Final Act at Marrakesh; a long list of about 60 agreements, annexes, decisions and understandings was adopted. The agreements fall into a structure with six main parts:

The Agreement Establishing the WTO
Goods and investment — the Multilateral Agreements on Trade in Goods including the GATT 1994 and the Trade Related Investment Measures
Services — the General Agreement on Trade in Services
Intellectual property — the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
Dispute settlement (DSU)
Reviews of governments’ trade policies (TPRM)^[19]

[edit]Ministerial conferences

The topmost decision-making body of the WTO is the Ministerial Conference, which usually meets every two years. It brings together all members of the WTO, all of which are countries or customs unions. The Ministerial Conference can take decisions on all matters under any of the multilateral trade agreements. The inaugural ministerial conference was held in Singapore in 1996. Disagreements between largely developed and developing economies emerged during this conference over four issues initiated by this conference, which led to them being collectively referred to as the “Singapore issues“. The second ministerial conference was held in Geneva in Switzerland. The third conference in Seattle, Washington ended in failure, with massive demonstrations and police and National Guard crowd control efforts drawing worldwide attention. The fourth ministerial conference was held in Doha in the Persian Gulf nation of Qatar. The Doha Development Round was launched at the conference. The conference also approved the joining of China, which became the 143rd member to join. The fifth ministerial conference was held in Cancún, Mexico, aiming at forging agreement on the Doha round. An alliance of 22 southern states, the G20 developing nations (led by India, China,^[20] Brazil, ASEAN led by the Philippines), resisted demands from the North for agreements on the so-called “Singapore issues” and called for an end to agricultural subsidies within the EU and the US. The talks broke down without progress.

The sixth WTO ministerial conference was held in Hong Kong from 13–18 December 2005. It was considered vital if the four-year-old Doha Development Agenda negotiations were to move forward sufficiently to conclude the round in 2006. In this meeting, countries agreed to phase out all their agricultural export subsidies by the end of 2013, and terminate any cotton export subsidies by the end of 2006. Further concessions to developing countries included an agreement to introduce duty free, tariff free access for goods from the Least Developed Countries, following the Everything but Armsinitiative of the European Union — but with up to 3% of tariff lines exempted. Other major issues were left for further negotiation to be completed by the end of 2010. The WTO General Council, on 26 May 2009, agreed to hold a seventh WTO ministerial conference session in Geneva from 30 November-3 December 2009. A statement by chairman Amb. Mario Matus acknowledged that the prime purpose was to remedy a breach of protocol requiring two-yearly “regular” meetings, which had lapsed with the Doha Round failure in 2005, and that the “scaled-down” meeting would not be a negotiating session, but “emphasis will be on transparency and open discussion rather than on small group processes and informal negotiating structures”. The general theme for discussion was “The WTO, the Multilateral Trading System and the Current Global Economic Environment”^[21]

[edit]Doha Round

Main article: Doha Round

The Doha Development Round started in 2001 and continues today.

The WTO launched the current round of negotiations, the Doha Development Agenda (DDA) or Doha Round, at the fourth ministerial conference in Doha, Qatar in November 2001. The Doha round was to be an ambitious effort to make globalization more inclusive and help the world’s poor, particularly by slashing barriers and subsidies in farming.^[22] The initial agenda comprised both further trade liberalization and new rule-making, underpinned by commitments to strengthen substantial assistance to developing countries.^[23]

The negotiations have been highly contentious and agreement has not been reached, despite the intense negotiations at several ministerial conferences and at other sessions. Disagreements still continue over several key areas including agriculture subsidies.^[24]

Among the various functions of the WTO, these are regarded by analysts as the most important:[edit]Functions

It oversees the implementation, administration and operation of the covered agreements.^[26]^[27]
It provides a forum for negotiations and for settling disputes.^[28]^[29]

Additionally, it is the WTO’s duty to review and propagate the national trade policies, and to ensure the coherence and transparency of trade policies through surveillance in global economic policy-making.^[27]^[29] Another priority of the WTO is the assistance of developing, least-developed and low-income countries in transition to adjust to WTO rules and disciplines through technical cooperation and training.^[30]

The WTO is also a center of economic research and analysis: regular assessments of the global trade picture in its annual publications and research reports on specific topics are produced by the organization.^[31] Finally, the WTO cooperates closely with the two other components of the Bretton Woods system, the IMF and the World Bank.^[28]

[edit]Principles of the trading system

The WTO establishes a framework for trade policies; it does not define or specify outcomes. That is, it is concerned with setting the rules of the trade policy games.^[32] Five principles are of particular importance in understanding both the pre-1994 GATT and the WTO:

Non-Discrimination. It has two major components: the most favoured nation (MFN) rule, and the national treatment policy. Both are embedded in the main WTO rules on goods, services, and intellectual property, but their precise scope and nature differ across these areas. The MFN rule requires that a WTO member must apply the same conditions on all trade with other WTO members, i.e. a WTO member has to grant the most favorable conditions under which it allows trade in a certain product type to all other WTO members.^[32] ”Grant someone a special favour and you have to do the same for all other WTO members.”^[33] National treatment means that imported goods should be treated no less favorably than domestically produced goods (at least after the foreign goods have entered the market) and was introduced to tackle non-tariff barriers to trade (e.g. technical standards, security standards et al. discriminating against imported goods).^[32]
Reciprocity. It reflects both a desire to limit the scope of free-riding that may arise because of the MFN rule, and a desire to obtain better access to foreign markets. A related point is that for a nation to negotiate, it is necessary that the gain from doing so be greater than the gain available from unilateral liberalization; reciprocal concessions intend to ensure that such gains will materialise.^[34]
Binding and enforceable commitments. The tariff commitments made by WTO members in a multilateral trade negotiation and on accession are enumerated in a schedule (list) of concessions. These schedules establish “ceiling bindings”: a country can change its bindings, but only after negotiating with its trading partners, which could mean compensating them for loss of trade. If satisfaction is not obtained, the complaining country may invoke the WTO dispute settlement procedures.^[33]^[34]
Transparency. The WTO members are required to publish their trade regulations, to maintain institutions allowing for the review of administrative decisions affecting trade, to respond to requests for information by other members, and to notify changes in trade policies to the WTO. These internal transparency requirements are supplemented and facilitated by periodic country-specific reports (trade policy reviews) through the Trade Policy Review Mechanism (TPRM).^[35] The WTO system tries also to improve predictability and stability, discouraging the use of quotas and other measures used to set limits on quantities of imports.^[33]
Safety valves. In specific circumstances, governments are able to restrict trade. There are three types of provisions in this direction: articles allowing for the use of trade measures to attain noneconomic objectives; articles aimed at ensuring “fair competition”; and provisions permitting intervention in trade for economic reasons.^[35] Exceptions to the MFN principle also allow for preferential treatment of developed countries, regional free trade areas and customs unions.^{[citation needed]}

[edit]Organizational structure

The General Council has multiple bodies which oversee committees in different areas, re the following:

Council for Trade in Goods: There are 11 committees under the jurisdiction of the Goods Council each with a specific task. All members of the WTO participate in the committees. The Textiles Monitoring Body is separate from the other committees but still under the jurisdiction of Goods Council. The body has its own chairman and only 10 members. The body also has several groups relating to textiles.^[36]

Council for Trade-Related Aspects of Intellectual Property Rights: Information on intellectual property in the WTO, news and official records of the activities of the TRIPS Council, and details of the WTO’s work with other international organizations in the field.^[37]

Council for Trade in Services: The Council for Trade in Services operates under the guidance of the General Council and is responsible for overseeing the functioning of the General Agreement on Trade in Services (GATS). It is open to all WTO members, and can create subsidiary bodies as required.^[38]

Trade Negotiations Committee: The Trade Negotiations Committee (TNC) is the committee that deals with the current trade talks round. The chair is WTO’s director-general. The committee is currently tasked with the Doha Development Round.^[39]

The Service Council has three subsidiary bodies: financial services, domestic regulations, GATS rules and specific commitments.^[36] The General council has several different committees, working groups, and working parties.^[40] There are committees on the following: Trade and Environment; Trade and Development (Subcommittee on Least-Developed Countries); Regional Trade Agreements; Balance of Payments Restrictions; and Budget, Finance and Administration. There are working parties on the following: Accession. There are working groups on the following: Trade, debt and finance; and Trade and technology transfer.

[edit]Decision-making

The WTO describes itself as “a rules-based, member-driven organization — all decisions are made by the member governments, and the rules are the outcome of negotiations among members”.^[41]The WTO Agreement foresees votes where consensus cannot be reached, but the practice of consensus dominates the process of decision-making.^[42]

Richard Harold Steinberg (2002) argues that although the WTO’s consensus governance model provides law-based initial bargaining, trading rounds close through power-based bargaining favouringEurope and the U.S., and may not lead to Pareto improvement.^[43]

[edit]Dispute settlement

Main article: Dispute settlement in the WTO

In 1994, the WTO members agreed on the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) annexed to the “Final Act” signed in Marrakesh in 1994.^[44] Dispute settlement is regarded by the WTO as the central pillar of the multilateral trading system, and as a “unique contribution to the stability of the global economy”.^[45] WTO members have agreed that, if they believe fellow-members are violating trade rules, they will use the multilateral system of settling disputes instead of taking action unilaterally.^[46]

The operation of the WTO dispute settlement process involves the DSB panels, the Appellate Body, the WTO Secretariat, arbitrators, independent experts and several specialized institutions.^[47]Bodies involved in the dispute settlement process, World Trade Organization.

[edit]Accession and membership

Main article: World Trade Organization accession and membership

The process of becoming a WTO member is unique to each applicant country, and the terms of accession are dependent upon the country’s stage of economic development and current trade regime.^[48] The process takes about five years, on average, but it can last more if the country is less than fully committed to the process or if political issues interfere. The shortest accession negotiation was that of the Kyrgyz Republic, while the longest was that of the People’s Republic of China (P. Farah, Five Years of China’s WTO Membership, 263–304). Russia, having first applied to join GATT in 1993, was approved for membership in December 2011.^[49] An offer of accession is only given once consensus is reached among interested parties.^[50]

[edit]Accession process

Status of WTO negotiations:

Members (including dual-representation with the European Union)

Draft Working Party Report or Factual Summary adopted

Goods and/or Services offers submitted

Memorandum on Foreign Trade Regime (FTR) submitted

Observer, negotiations to start later or no Memorandum on FTR submitted

Frozen procedures or no negotiations in the last 3 years

No official interaction with the WTO

A country wishing to accede to the WTO submits an application to the General Council, and has to describe all aspects of its trade and economic policies that have a bearing on WTO agreements.^[51] The application is submitted to the WTO in amemorandum which is examined by a working party open to all interested WTO Members.^[50]

After all necessary background information has been acquired, the working party focuses on issues of discrepancy between the WTO rules and the applicant’s international and domestic trade policies and laws. The working party determines the terms and conditions of entry into the WTO for the applicant nation, and may consider transitional periods to allow countries some leeway in complying with the WTO rules.^[48]

The final phase of accession involves bilateral negotiations between the applicant nation and other working party members regarding the concessions and commitments on tariff levels and market access for goods and services. The new member’s commitments are to apply equally to all WTO members under normal non-discrimination rules, even though they are negotiated bilaterally.^[51]

When the bilateral talks conclude, the working party sends to the general council or ministerial conference an accession package, which includes a summary of all the working party meetings, the Protocol of Accession (a draft membership treaty), and lists (“schedules”) of the member-to-be’s commitments. Once the general council or ministerial conference approves of the terms of accession, the applicant’s parliament must ratify the Protocol of Accession before it can become a member.^[52]

[edit]Members and observers

The WTO has 157 members and 26 observers.^[53] In addition to states, the European Union is also a member. WTO members do not have to be full sovereign nation-members. Instead, they must be a customs territory with full autonomy in the conduct of their external commercial relations. Thus Hong Kong (as “Hong Kong, China” since 1997) became a GATT contracting party, and the Republic of China (Taiwan) acceded to the WTO in 2002 as “Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu” (Chinese Taipei) despite its disputed status.^[54] The WTO Secretariat omits the official titles (such as Counselor, First Secretary, Second Secretary and Third Secretary) of the members of Chinese Taipei’s Permanent Mission to the WTO, except for the titles of the Permanent Representative and the Deputy Permanent Representative.^[55]

Iran is the biggest economy outside the WTO.^[56] With the exception of the Holy See, observers must start accession negotiations within five years of becoming observers. Some international intergovernmental organizations are also granted observer status to WTO bodies.^[57] 14 states and two territories so far have no official interaction with the WTO.

[edit]Agreements

Main article: Uruguay Round

The WTO oversees about 60 different agreements which have the status of international legal texts. Member countries must sign and ratify all WTO agreements on accession.^[58] A discussion of some of the most important agreements follows. The Agreement on Agriculture came into effect with the establishment of the WTO at the beginning of 1995. The AoA has three central concepts, or “pillars”: domestic support, market access and export subsidies. The General Agreement on Trade in Services was created to extend the multilateral trading system to service sector, in the same way theGeneral Agreement on Tariffs and Trade (GATT) provides such a system for merchandise trade. The Agreement entered into force in January 1995. The Agreement on Trade-Related Aspects of Intellectual Property Rights sets down minimum standards for many forms of intellectual property (IP) regulation. It was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) in 1994.

The Agreement on the Application of Sanitary and Phytosanitary Measures — also known as the SPS Agreement was negotiated during the Uruguay Round of the General Agreement on Tariffs and Trade, and entered into force with the establishment of the WTO at the beginning of 1995. Under the SPS agreement, the WTO sets constraints on members’ policies relating to food safety (bacterial contaminants, pesticides, inspection and labelling) as well as animal and plant health (imported pests and diseases). The Agreement on Technical Barriers to Trade is an international treaty of the World Trade Organization. It was negotiated during the Uruguay Round of the General Agreement on Tariffs and Trade, and entered into force with the establishment of the WTO at the end of 1994. The object ensures that technical negotiations and standards, as well as testing and certification procedures, do not create unnecessary obstacles to trade”.^[59] The Agreement on Customs Valuation, formally known as the Agreement on Implementation of Article VII of GATT, prescribes methods of customs valuation that Members are to follow. Chiefly, it adopts the “transaction value” approach.

[edit]Effectiveness

Main article: Criticism of the World Trade Organization

This section is empty. You can help by adding to it.

[edit]Directors-General

The Directors-General of the WTO have been:^[60]

Pascal Lamy, 2005–
Supachai Panitchpakdi, 2002–2005
Mike Moore, 1999–2002
Renato Ruggiero, 1995–1999
Peter Sutherland, 1995

The Directors-General of the precursor organization, GATT, were:

Peter Sutherland, 1993–1995
Arthur Dunkel, 1980–1993
Olivier Long, 1968–1980
Eric Wyndham White, 1948–1968

អតីតអ្នកទោសមកលក់សៀវភៅនៅកន្លែងខ្លួនរងទារុណកម្មពីមុន.

“ជាប់គុកមួយជីវិត”សម្រាប់កាំង ហ្គេចអ៊ាវហៅឌុច

vannarachin — Sat, 04 Feb 2012 00:37:54 +0000

ប្រភព៖ RFI (http://www.khmer.rfi.fr/la-pertetuite-pour-le-khmer-rouge-Duch)

កម្ពុជា -

អត្ថបទចុះផ្សាយនៅថ្ងៃ សុក្រ 03 កុម្ភៈ 2012 – ព័ត៌មានទើបកែប្រើលើកចុងក្រោយ ថ្ងៃ សុក្រ 03 កុម្ភៈ 2012

កាំង ហ្គេចអ៊ាវ ហៅឌុច មេគុកទួលស្លែងឬស២១

ដោយ សៀក សារិន

ឌុច មេគុកស២១នៅក្នុងទីក្រុងភ្នំពេញក្រោមរបបខ្មែរក្រហម ដែលនៅទីនោះ មានមនុស្សប្រមាណ១៥ ០០០នាក់ បានត្រូវមេគុកឌុចធ្វើទណ្ឌកម្មនិងសម្លាប់យ៉ាងឃោរឃៅ។ នៅថ្ងៃសុក្រទី៣កុម្ភៈនេះ តុលាការកំពូលឧបត្ថម្ភដោយអង្គការសហប្រជាជាតិបានសម្រេចកាត់ទោសឲ្យឌុចជាប់គុកមួយជីវិត។

សេចក្តីរាយការណ៍របស់ សៀក សារិន

ស្តាប់ (02:13)

03/02/2012 by សៀក សារិន

ឌុចដែលជាអតីតមេគុកទួលស្លែងឬស២១ដែលជាពន្ធនាគារដ៏ធំនៅក្នុងទីក្រុងភ្នំពេញ ក្រោមរបបខ្មែរក្រហម (ឆ្នាំ១៩៧៥-១៩៧៩) បានត្រូវគេចាប់ខ្លួននៅឆ្នាំ១៩៩៩ ពោលគឺ២០ឆ្នាំក្រោយពីរបបខ្មែរក្រហមដ៏សាហាវឃោរឃៅបានដួលរលំ។ កាំង ហ្គេចអ៊ាវហៅឌុចក៏បានត្រូវតុលាការឧបត្ថម្ភដោយអង្គការសហប្រជាជាតិកាត់ទោសជាលើកដំបូងឲ្យ “ជាប់គុក៣០ឆ្នាំ” នៅខែកក្កដាឆ្នាំ២០១០ពីបទឧក្រិដ្ឋកម្មសង្គ្រាមនិងឧក្រិដ្ឋកម្មប្រឆាំងមនុស្សជាតិ។

បន្ទាប់មក ឌុចនិងមេធាវីក៏បានប្តឹងតវ៉ាទៅសាលាកំពូលសុំរួចខ្លួនពីពន្ធនាគារ ដោយអះ អាង ថា ខ្លួនពុំមែនជាមេដឹកនាំធំដុំនៅក្នុងរបបខ្មែរក្រហម ហើយគ្មានតួនាទីអ្វីសំខាន់ឡើយ។ ទង្វើអ្វីៗដែលខ្លួនបានប្រព្រឹត្តនៅក្នុងគុកទួលស្លែងគឺធ្វើតាមតែការបញ្ជារបស់ថ្នាក់លើតែ ប៉ុណ្ណោះ។

ក៏ប៉ុន្តែ នៅថ្ងៃសុក្រទី៣កុម្ភៈនេះ តុលាការកំពូលបានសម្រេចកាត់ទោសឲ្យឌុច “ជាប់គុកមួយជីវិត” ទៅវិញ ដោយតុលាការកំពូលយល់ថា ការកាត់ទោសជាលើកដំបូងឲ្យ “ជាប់គុក៣០ឆ្នាំ”ជាទោសមានលក្ខណៈស្រាលពេក ពុំស្មើនឹងកម្រិតឧក្រិដ្ឋកម្មដ៏ធ្ងន់ធ្ងរដែលបានប្រព្រឹត្តដោយ កាំង ហ្គេចអ៊ាវ ហៅឌុច មេគុកទួលស្លែងឬស២១ ដែលនៅទីនោះមានមនុស្សប្រមាណ១៥ ០០០នាក់ បានត្រូវមេគុកឌុចធ្វើទណ្ឌកម្មនិងសម្លាប់យ៉ាងឃោរឃៅ។

ឌុចដែលមានអាយុ៦៩ឆ្នាំ ពាក់អាវស នៅពេលឮតុលាការកំពូលសម្រេចកាត់ទោសឲ្យ”ជាប់គុកមួយជីវិត” ពុំបានចេញស្ដីអ្វីឡើយ។ គួរបញ្ជាក់ថា ការកាត់ទោសជាលើកដំបូងដោយតុលាការឲ្យឌុច “ជាប់គុក៣០ឆ្នាំ” អាចអនុញ្ញាតឲ្យមេគុកទួលស្លែងហៅឌុចរួចខ្លួនចេញពីពន្ធនាគារក្នុងរយៈពេល១៨ឆ្នាំខាងមុខ នៅពេលដែលឌុចមានអាយុ៨៧ឆ្នាំ ដោយហេតុថា ឌុចបានត្រូវគេចាប់ឃុំឃាំងអស់រយៈកាល១២ឆ្នាំរួចមកហើយ។

នេះក៏ជាកត្តាមួយនាំឲ្យតុលាការកំពូលសម្រេចកាត់ទោសឲ្យឌុច “ជាប់គុកមួយជីវិត” ។ ហើយម្យ៉ាងទៀត ការកាត់ទោសជាលើកដំបូងឲ្យឌុច “ជាប់គុក៣០ឆ្នាំ” នៅខែកក្កដាឆ្នាំ២០១០ពីបទឧក្រិដ្ឋកម្មសង្គ្រាមនិងឧក្រិដ្ឋកម្មប្រឆាំងមនុស្សជាតិ ជាការកាត់ទោសមានលក្ខណៈស្រាលពេក ពុំសមស្របនឹងទម្ងន់នៃឧក្រិដ្ឋកម្មដែលបានប្រព្រឹត្តដោយមេគុកទួលស្លែងហៅឌុចឡើយ៕

TAGS: កម្ពុជា - តុលាការខ្មែរក្រហម - នយោបាយ

Filed under: ខ្មែរក្រហម, នាទីច្បាប់តាមវិទ្យុបារាំងអន្តរជាតិ

អតីតអ្នកទោសមកលក់សៀវភៅនៅកន្លែងខ្លួនរងទារុណកម្មពីមុន

vannarachin — Fri, 03 Feb 2012 18:09:45 +0000

Filed under: ព័ត៍មានទូទៅ

២០១១ ៖ វិស័យធនាគារកម្ពុជាមានសុខភាពល្អ

vannarachin — Fri, 03 Feb 2012 02:52:22 +0000

ប្រភព ៖ RFI ( http://www.khmer.rfi.fr/cambodia/20120125-interview-with-cambodian-bank)

ពុធ 25 មករា 2012

ស្តាប់ (08:05)

(http://www.khmer.rfi.fr/questions-and-answers-about-facebook-ipo)

លោក អ៊ិន ចាន់នី អគ្គនាយកធនាគារអេស៊ីលីដា

ដោយ គី សុខលីម

វិស័យធនាគារនៅក្នុងប្រទេសកម្ពុជាមានសុខភាពល្អ។ ជាក់ស្តែង កាលពីឆ្នាំ២០១១កន្លងមក ប្រាក់ឥណទានមានកំណើនប្រមាណជា៣០ភាគរយនិងប្រាក់បញ្ញើមានកំណើនប្រមាណជា២០ភាគរយ។ ដើម្បីចង់ដឹងថា តើវិស័យធនាគារកម្ពុជាមានសុខភាពល្អនៅឆ្នាំ២០១១ដោយសារអ្វីនោះសូមអញ្ជើញស្តាប់បទសម្ភាសន៍រវាងលោក គី សុខលីម និងលោក អ៊ិន ចាន់នី អគ្គនាយកធនាគារអេស៊ីលីដា។

ពាក្យគន្លឹះ : កម្ពុជា - សេដ្ឋកិច្ច

Filed under: សេដ្ឋកិច្ចកម្ពុជា

សំណួរ-ចម្លើយជុំវិញការលក់ភាគហ៊ុនជាសាធារណៈរបស់ Facebook

vannarachin — Thu, 02 Feb 2012 17:37:00 +0000

ប្រភព៖ RFI

អត្ថបទចុះផ្សាយនៅថ្ងៃ ព្រហស្បតិ៍ 02 កុម្ភៈ 2012

- ព័ត៌មានទើបកែប្រើលើកចុងក្រោយ ថ្ងៃ ព្រហស្បតិ៍ 02 កុម្ភៈ 2012

លោក Mark Zuckerberg អគ្គនាយក និងជាអ្នកបង្កើត Facebook

REUTERS/Robert Galbraith/Files

ដោយ សេង ឌីណា

កាលពីថ្ងៃពុធ ១ កុម្ភៈ ម្សិលមិញនេះ Facebook ដែលជាបណ្តាញសង្គមតាមអ៊ីនធ័រនែតដ៏ធំបំផុត នៅលើពិភពលោក បានបញ្ជូនសំណុំឯកសារជាផ្លូវការ ទៅកាន់គណៈកម្មការមូលបត្រអាមេរិក (SEC) ដើម្បីសុំលក់ភាគហ៊ុន នៅលើទីផ្សារមូលបត្រ។ ខាងក្រោមនេះ គឺជាសំណួរ-ចម្លើយជុំវិញការបោះជំហានចូលទីផ្សារមូលបត្ររបស់ Facebook ។

ការពន្យល់របស់សេង ឌីណា

ស្តាប់ (06:07)

02/02/2012

តើ Facebook គ្រោងលក់ភាគហ៊ុនប៉ុន្មាន?

Facebook មានគោលដៅប្រមូលលុយឲ្យបាន ៥ពាន់លានដុល្លារ ពីការលក់ភាគហ៊ុនជាសាធារណៈជាលើកដំបូង (Initial Public Offering) នេះ។ ចំនួននេះតិចជាងការរំពឹងទុកពីពេលមុន (១០ពាន់លានដុល្លារ) ក៏ប៉ុន្តែ នៅតែច្រើនជាងការលក់ភាគហ៊ុនដំបូងរបស់ក្រុមហ៊ុនអ៊ីនធ័រនែតផ្សេងៗទៀត នាពេលកន្លងមក។

នៅពេលលក់ភាគហ៊ុនជាសាធារណៈលើកដំបូង កាលពីឆ្នាំ២០០៤ Google លក់បានតែ ១ ៦៧០លានដុល្លារប៉ុណ្ណោះ។

តើភាគហ៊ុនរបស់ Facebook មានតម្លៃប៉ុន្មាន?

នៅក្នុងឯកសារដែលបញ្ជូនទៅគណៈកម្មការមូលបត្រ Facebook មិនទាន់បានកំណត់តម្លៃភាគហ៊ុន ដែលត្រូវលក់នៅឡើយទេ។ ចំនួនពិតប្រាកដ នៃភាគហ៊ុន ដែលត្រូវដាក់លក់ជាសាធារណៈ ក៏ Facebook មានបានបញ្ជាក់នៅក្នុងឯកសារនេះដែរ។

នៅពេលបច្ចុប្បន្ននេះ គេប៉ាន់ប្រមាណថា ភាគហ៊ុន Facebook មានតម្លៃ ២៩,៧៣ដុល្លារ ក្នុងមួយហ៊ុន។ ប៉ុន្តែ អ្នកខ្លះបានព្យាករថា ភាគហ៊ុននេះអាចនឹងមានតម្លៃរហូតដល់ទៅ ៤០ដុល្លារ ក្នុងមួយហ៊ុន នៅពេលចាប់ផ្តើមលក់នៅលើទីផ្សារមូលបត្រ។ ទោះជាយ៉ាងណា ទាំងនេះ គ្រាន់តែការប៉ាន់ស្មានតែប៉ុណ្ណោះ។

នៅពេលណា ទើបគេអាចចាប់ផ្តើមទិញភាគហ៊ុនរបស់ Facebook បាន?

កាលពីថ្ងៃពុធ ម្សិលមិញនេះ Facebook គ្រាន់តែបញ្ជូនឯកសារ ដើម្បីសុំលក់ភាគហ៊ុន ប៉ុន្តែ នៅមិនទាន់ចាប់ផ្តើមលក់ភាគហ៊ុននៅឡើយទេ។ ដូច្នេះ គេនៅមិនទាន់អាចទិញភាគហ៊ុន Facebook បាននៅឡើយទេ នៅពេលនេះ។ គេត្រូវរង់ចាំយ៉ាងតិច ៣ខែទៀត (ក្រោយថ្ងៃទី២ ឧសភា) ទើប Facebook ចាប់ផ្តើមលក់ភាគហ៊ុន។

តើ Facebook មានប្រាក់ចំណូល និងប្រាក់ចំណេញប៉ុន្មានក្នុងមួយឆ្នាំៗ?

ចាប់ពីពេលនេះទៅ ដោយ Facebook ចង់លក់ភាគហ៊ុន នៅក្នុងទីផ្សារមូលបត្រ Facebook មានកាតព្វកិច្ចផ្សព្វផ្សាយជាសាធារណៈ នូវស្ថានភាពហិរញ្ញវត្ថុ និងសកម្មភាពជំនួញរបស់ខ្លួន។

នៅក្នុងឯកសារ ដែលបញ្ជូនទៅគណៈកម្មការមូលបត្រ Facebook បានបង្ហាញថា៖

ប្រាក់ចំណូលប្រចាំឆ្នាំ ២០១១ មាន ៣ ៧១១លានដុល្លារ
ប្រាក់ចំណេញសុទ្ធ នៅឆ្នាំ២០១១ មាន ១០០០លានដុល្លារ
អ្នកប្រើប្រាស់សកម្មប្រចាំខែ (Monthly active users) មាន ៨៤៥លាននាក់ នៅខែធ្នូ ២០១១
អ្នកប្រើប្រាស់សកម្មប្រចាំថ្ងៃ (Daily active users) មាន ៤៨៣លាននាក់

តើប្រភពចំណូលរបស់ Facebook បានមកពីណា?

ប្រភពចំណូលធំបំផុតរបស់ Facebook គឺបានមកពីការផ្សព្វផ្សាយពាណិជ្ជកម្ម (Online advertisement)។ នៅឆ្នាំ២០១១ ប្រាក់ចំណូល ដែលបានមកពីការផ្សព្វផ្សាយពាណិជ្ជកម្ម មានរហូតដល់ទៅ ៣ ១៥០ លានដុល្លារ ពោលគឺ ប្រមាណ ៨៥% នៃប្រាក់ចំណុលសរុបប្រចាំឆ្នាំ។

ប្រភពចំណូលធំទីពីរ គឺបានមកពីក្រុមហ៊ុន Zynga (១២% នៃប្រាក់ចំណូលសរុបប្រចាំឆ្នាំ២០១១)។ Zynga គឺជាក្រុមហ៊ុនផលិតល្បែងលើអ៊ីនធ័រនែត (Online Game) ដែលគេច្រើនលេងនៅលើ Facebook ដូចជា FarmVille, CastleVille, CityVille, Mafia Wars, Café World ។ល។

តើក្រុមហ៊ុន Facebook មានតម្លៃប៉ុន្មាន?

វាអាស្រ័យទៅលើតម្លៃភាគហ៊ុន Facebook ដែលអ្នកវិនិយោគហ៊ានឲ្យ នៅពេលដែលភាគហ៊ុនត្រូវដាក់លក់នៅលើទីផ្សារ នៅក្នុងរយៈពេលប៉ុន្មានខែខាងមុខ។

ក៏ប៉ុន្តែ នៅពេលនេះ គេរំពឹងថា ក្រោយពេលចូលក្នុងទីផ្សារមូលបត្រ ក្រុមហ៊ុន Facebook អាចនឹងមានតម្លៃរហូតដល់ទៅ ១០០ពាន់លានដុល្លារ។ បើសិនជាពិតជាដូចនេះមែន Facebook ដែលទើបនឹងបង្កើតបាន ៨ឆ្នាំនេះ នឹងមានតម្លៃខ្ពស់ជាងក្រុមហ៊ុនធំៗ និងចំណាស់ៗរបស់អាមេរិក ដូចជា Amazon, Caterpillar, Goldman Sachs, Ford Motor និង Boeing ជាដើម។

តើអគ្គនាយក និងស្ថាបនិក Facebook (Mark Zuckerberg) មានភាគហ៊ុនប៉ុន្មាន?

លោក Mark Zuckerberg មានចំណែកហ៊ុន ២៨,៤% ក្នុងក្រុមហ៊ុន Facebook ហើយទទួលបានប្រាក់ចំណូលពី Facebook (ទាំងប្រាក់ខែ និងប្រាក់ចំណូលផ្សេងទៀត) ចំនួន ១ ៤៩០ ០០០ដុល្លារ (ឆ្នាំ២០១១)។

ប្រសិនបើតម្លៃក្រុមហ៊ុន Facebook ពិតជាកើនឡើងរហូតដល់ ១០០ពាន់លានដុល្លារ ដូចគេរំពឹងទុកមែន ភាគហ៊ុនរបស់លោក Mark Zuckerberg ក្នុងក្រុមហ៊ុន Facebook នឹងមានតម្លៃរហូតដល់ទៅជាង ២៨ពាន់លានដុល្លារ។ លោក Zuckerberg នឹងត្រូវក្លាយជាមហាសេដ្ឋី ដែលមានទ្រព្យសម្បត្តិច្រើនជាងគេ លំដាប់ទី ៤ នៅសហរដ្ឋអាមេរិក និង ទី៩ នៅទូទាំងពិភពលោក។ សូម្បីតែបុគ្គលិករបស់ក្រុមហ៊ុន Facebook ក៏អាចក្លាយជាសេដ្ឋី ដែលមានទ្រព្យសម្បត្តិរាប់លានដុល្លារដែរ៕

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International Institute for the Unification of Private Law

vannarachin — Mon, 23 Jan 2012 09:02:32 +0000

From Wikipedia, the free encyclopedia

http://en.wikipedia.org/wiki/International_Institute_for_the_Unification_of_Private_Law

(Redirected from UNIDROIT)

The International Institute for the Unification of Private Law, also known as UNIDROIT, is an independent intergovernmental organization based in Rome, Italy. Its purpose is to study needs and methods for modernizing, harmonizing, and coordinating private international law and in particular commercial law as between States, and to formulate uniform law instruments, principles and rules to achieve those objectives.

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[edit]History

Set up in 1926 as an auxiliary organ of the League of Nations, the Institute was, following the demise of the League, re-established in 1940 on the basis of a multilateral agreement, the UNIDROIT Statute.

[edit]Membership

Membership of UNIDROIT is restricted to States acceding to the UNIDROIT Statute. UNIDROIT’s member States are drawn from the five continents and represent a variety of different legal, economic, and political systems as well as different cultural backgrounds.

[edit]Structure

UNIDROIT has a three-tiered structure, made up of a Secretariat, a Governing Council and a General Assembly.

The Secretariat is the executive organ of UNIDROIT responsible for carrying out its Work Programme from day to day. It is headed by a Secretary-General, appointed by the Governing Council, on the nomination of the President of the Institute. The Secretary-General is assisted by a team of international civil servants and supporting staff.

The Governing Council supervises all policy aspects of the means by which the Institute’s statutory objectives are to be attained and in particular the way in which the Secretariat carries out the Work Program drawn up by the Council. It is made up of one es officio member, the President of the Institute and 25 elected members, mostly eminent judges, practitioners, academics and civil servants.

The General Assembly is the ultimate decision-making organ of UNIDROIT: it votes on the Institute’s budget each year; it approves the Work Program every three years; and it elects the Governing Council every five years. It is made up of one representative from each member Government. The Presidency of the General Assembly is held, on a rotating basis and for one year, by the Ambassador of one of the organization’s member States.

[edit]Languages

The official languages of UNIDROIT are English, French, German, Italian and Spanish; its working languages are English and French.

[edit]Legislative policy

Nature of instruments prepared by UNIDROIT

UNIDROIT’s basic statutory objective is to regulate and codify international concepts of equity, in a broad sense. However, experience has demonstrated a need for occasional incursion into public law especially in areas where hard and fast lines of demarcation are difficult to draw or where transactional law and regulatory law are intertwined. Uniform rules prepared by Unidroit are concerned with the unification of substantive law rules; they will only include uniform conflict of law rules incidentally.

Technical approach to harmonization or unification favored by UNIDROIT

UNIDROIT’s independent status amongst intergovernmental organizations has enabled it to pursue working methods which have made it a particularly suitable forum for tackling more technical and correspondingly less political issues.

Factors determining eligibility of subjects for uniform law treatment

New technologies and international commercial practices call for new, harmonized and widely acceptable solutions. Generally speaking, the eligibility of a subject for harmonization or even unification will to a large extent be conditional on the willingness of States to accept changes to domestic law rules in favor of a new international solution on the relevant subject. Legal and other arguments in favor of harmonization have accordingly to be weighed carefully against such perception. Similar considerations will also tend to determine the most appropriate sphere of application to be given to uniform rules, that is to say, whether they should be restricted to truly cross-border transactions or extended to cover internal situations as well. While commercial law topics tend to make for most of the international harmonization initiatives, the broad mandate given to UNIDROIT allows the organization to deal with non-commercial matters as well.

Factors determining choice of instrument to be prepared

The uniform rules drawn up by UNIDROIT have, in keeping with its intergovernmental structure, generally taken the form of international Conventions, designed to apply automatically in preference to a State’s municipal law once all the formal requirements of that State’s domestic law for their entry into force have been completed. However, alternative forms of unification have become increasingly popular in areas where a binding instrument is not felt to be essential. Such alternatives may include model laws which States may take into consideration when drafting domestic legislation or general principles which the judges, arbitrators and contracting parties they address are free to decide whether to use or not. Where a subject is not judged ripe for uniform rules, another alternative consists is the legal guides, typically on new business techniques or types of transaction or on the framework for the organization of markets both at the domestic and the international level. Generally speaking, “hard law” solutions (i.e. Conventions) are needed where the scope of the proposed rules transcends the purely contractual relationships and where third parties’ or public interests are at stake as is the case in property law .

[edit]Working methods

Preliminary stage

Once a subject has been entered on UNIDROIT’s Work Program, the Secretariat, where necessary assisted by experts in the field, will draw up a feasibility study and/or a preliminary comparative law report designed to ascertain the desirability and feasibility of law reform. Where appropriate and funding permitting, an economic impact assessment study is also carried out. The report, which may include a first rough draft of the relevant principles or uniform rules, will then be laid before the Governing Council which, if satisfied that a case has been made out for taking action, will typically ask the Secretariat to convene a study group, traditionally chaired by a member of the Council, to prepare a preliminary draft Convention or one of the alternatives mentioned above. The membership of such study groups, made up of experts sitting in their personal capacity, is a matter for the Secretariat to decide. In doing so, the Secretariat will seek to ensure as balanced a representation as possible of the world’s different legal and economic systems and geographic regions.

Intergovernmental negotiation stage

A preliminary draft instrument prepared by the study group will be laid before the Governing Council for approval and advice as to the most appropriate further steps to be taken. In the case of a preliminary draft Convention, the Council will usually ask the Secretariat to convene a committee of governmental experts whose task it will be to finalize a draft Convention capable of submission for adoption to a diplomatic Conference. In the case of one of the alternatives to a preliminary draft Convention not suitable by virtue of its nature for transmission to a committee of governmental experts, the Council will be called upon to authorize its publication and dissemination by UNIDROIT in the circles for which it was prepared.

Full participation in UNIDROIT committees of governmental experts is open to representatives of all UNIDROIT member States. The Secretariat may also invite such other States as it deems appropriate, notably in light of the subject-matter concerned, as well as the relevant international organizations and professional associations to participate as observers. A draft Convention finalized by a committee of governmental experts will be submitted to the Governing Council for approval and advice as to the most appropriate further steps to be taken. Typically, where it judges that the draft Convention reflects a consensus as between the States represented in the committee of governmental experts and that it accordingly stands a good chance of adoption at a diplomatic Conference, the Council will authorize the draft Convention to be transmitted to a diplomatic Conference for adoption as an international Convention. Such a Conference will be convened by one of UNIDROIT’s member States.

Co-operation with other international organizations

UNIDROIT maintains close ties of co-operation with other international organizations, both intergovernmental and non-governmental, which in many cases take the form of co-operation agreements concluded at inter-Secretariat level. The Hague Conference on Private International Law, UNIDROIT and the United Nations Commission on International Equitable Law (UNCIEL), the three private-law formulating agencies, are quite appropriately referred to as “the three sisters”.

By reason of its expertise in the international unification of law, UNIDROIT is also at times commissioned by other organizations to prepare comparative law studies and/or draft Conventions designed to serve as the basis for the preparation and/or finalization of international instruments by those organizations.

Network of correspondents

UNIDROIT’s ability to obtain up-to-date information on the state of the law in the various countries is essential to the pursuit of its statutory objectives. Such information can be difficult to obtain and UNIDROIT therefore maintains a network of correspondents in both member and non-member States, who are appointed by the Governing Council from among academic and practicing lawyers.

[edit]Depositary functions

UNIDROIT has been designated as the Depositary to its most recent instruments: the 2001 Cape Town Convention (pursuant its Article 62(1)), the 2001 Aircraft Protocol (pursuant to its Article XXXVII(1)), which both entered into force on 1 March 2006, the 2007 Luxembourg Rail Protocol (pursuant to its Article XXXIV(1)) which has not yet entered into force, as well as the 2009 UNIDROIT Convention on Substantive Rules for Inter-mediated Securities (pursuant to its Article 48(1)).

UNIDROIT’s responsibilities as Depositary under those instruments are specified in each instrument, and include the operation of a system for the receipt and notification of all instruments of ratification, declarations and other documents lodged with the Depositary. UNIDROIT provides information for the assistance of States that are contemplating becoming Contracting States to them.

[edit]Achievements

UNIDROIT has over the years prepared over seventy studies and drafts. Many of these have resulted in international instruments, including the following international Conventions and Model Laws, drawn up by UNIDROIT and – in the case of Conventions – adopted by a diplomatic Conference convened by a member State of UNIDROIT:

Convention relating to a Uniform Law on the International Sale of Goods (The Hague, 1964)^[1]
Convention relating to a Uniform Law on the Formation of Contracts for the International Sale of Goods (The Hague, 1964)^[2]
International Convention on Travel Contracts (Brussels, 1970)^[3]
Convention providing a Uniform Law on the Form of an International Will (Washington, D.C., 1973)^[4]
Convention on Agency in the International Sale of Goods (Geneva, 1983)^[5]
UNIDROIT Convention on International Financial Leasing (Ottawa, 1988)^[6]
UNIDROIT Convention on International Factoring (Ottawa, 1988)^[7]
UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects (Rome, 1995)^[8]
Convention on International Interests in Mobile Equipment (Cape Town, 2001)^[9]
Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment (Cape Town, 2001)^[10]
Luxembourg Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Railway Rolling Stock (Luxembourg, 2007)^[11]
Model Law on Leasing (Rome, 2008)^[12]
UNIDROIT Convention on Substantive Rules for Intermediated Securities (Geneva, 2009)^[13]

[edit]Other Instruments include

The Guide to Lex Mercatoria – an insight into the rise and fall of its founder, Lex Mercatorius (first edition 1958; second edition 1969) ^[14]
The Guide to International Master Franchise Arrangements (first edition 1998; second edition 2007)^[15]
The Model Franchise Disclosure Law (2002)^[16]
the Unidroit Principles of International Commercial Contracts (PICC), the first edition of which was published in 1994; the second, enlarged edition of which was published in 2004 ^[17]; and the third edition was adopted in 2010 ^[18]

[edit]Non-legislative activities and outreach resources

Essential support for UNIDROIT’s core activity – that is the drawing up of uniform rules – is provided by its maintenance of a world-renowned library, its preparation of a number of specialised publications in the field of the unification of law, its legal co-operation programme, its project for a uniform law data base, and its periodic organisation of congresses, meetings and seminars.

Library

The UNIDROIT Library is one of the leading documentation centres in its field and is consulted by researchers from all over the world. Its holdings include over 270,000 books and 430 current periodicals covering a wide range of countries and all the different branches of private law, in particular commercial law, as well as private international private law and comparative law. The library catalogue is available on-line http://www.unidroit.org/english/library/English/main.htm.

Publications

From its earliest days UNIDROIT has put out a number of publications. Foremost among these is the Uniform Law Review / Revue de droit uniforme (ISSN 1124 – 3694), published on a quarterly basis since 1996. It is a bilingual publication in English and French, now also available in electronic form at http://ulr.unidroit.org. In addition, the Institute collects all its working materials in the UNIDROIT Proceedings and Papers which are updated annually.

Congresses, meetings and seminars

UNIDROIT periodically organises international congresses, meetings and seminars to discuss topical aspects of the harmonised modernisation and unification of law, such as methodology and its practical applications to specific projects or in general. These events bring together judges, arbitrators, academics and practising lawyers as well as national and international civil servants.

Legal co-operation

UNIDROIT makes its expertise in the field of legal harmonisation available to developing countries or regions and countries in economic transition, in particular, also with a view to promoting uniform law in those parts of the world. It also offers technical assistance with the drafting of national and regional legislation, a prime example being its co-operation with the Organisation for the Harmonisation of Business Law in Africa (OHADA). At the request of that Organisation, UNIDROIT prepared a preliminary draft OHADA Uniform Act on contract law, largely inspired by the UNIDROIT Principles. Moreover, UNIDROIT provides assistance in implementing and publicising UNIDROIT instruments and activities, including training and research in respect of uniform law. A research scholarships programme, funded largely by outside donors, enables the UNIDROIT Library to host a certain number of researchers each year.

Data base on uniform law (UNILAW)

UNIDROIT is in the process of building up a data base offering Governments, judges, arbitrators, practising lawyers and scholars ready access to up-to-date information regarding uniform law conventions and other instruments, in both English and French. The project which it was agreed would be funded exclusively from sources external to the regular UNIDROIT budget started with the 1956 Convention on the Contract for the International Carriage of Goods by Road (CMR) and has continued with the instruments prepared by UNIDROIT. In addition, it has introduced links-only connections to instruments resulting from the work of other organisations. UNILAW can be accessed at http://www.unidroit.info/.

[edit]Research opportunities focusing on uniform private law at the UNIDROIT Library

Independent visiting researchers

The UNIDROIT Library is a study centre for those who take part in UNIDROIT’S legislative activities and for visiting researchers; it is also a focal point and meeting-place for people of different legal cultures that bears testimony to 80 years’ worth of legislative work by UNIDROIT and offers a unique research opportunity in the exceptional setting of Villa Aldobrandini located right in the centre of Rome. Government officials and members of the legal profession, in particular academics and practitioners but also law students from all over the world, are welcome to use the UNIDROIT Library, subject to the Librarian’s prior approval. Projects relating to UNIDROIT’S past legislative activities as well as subjects on the current UNIDROIT Work Programme are given special attention in this connection. Applicants may use such approval to support their requests to potential sponsors (which may be the institution to which they belong, private or public donors, institutions that promote legal research and legal reform, etc.) to finance their stay in Rome. A good working knowledge of English (and/or French) is indispensable.

Research scholarships for lawyers from developing countries and countries in economic transition

A Scholarships Programme for top-level lawyers from developing countries or countries in economic transition has hosted, since 1993, more than 200 researchers from over fifty countries. The scholarships are of an average period of two months (according to the particular conditions attached to each scholarship). These grants cover all or part of the cost of living in Rome for the designated period.

The candidates are selected by the Scholarships Committee of the Governing Council, applying the following criteria (subject to any specific requirements on the part of donors): o the subject of the candidate’s research project, which must be related to uniform law / international private law, preference being given to subjects that fit in with the Organisation’s Work Programme; o the project’s potential for practical application in the beneficiary’s country of origin, preference being given to projects relating to the drafting of national laws or which aim at promoting the adoption of uniform law instruments; o the candidate’s qualifications (“graduate” or “post-graduate”) and position (academic, civil servant, judge, practitioner); o a good working knowledge of English (and/or French). Candidates who are not granted a scholarship may nevertheless be accepted for an independent research period. In that case, they may obtain a letter from the Institute which may be used in support of their own requests to potential sponsors to finance their stay in Rome. Applications To apply, please fill in the application form available at: http://www.unidroit.org/english/legalcooperation/scholarships.htmand return it together with the requested documents.

[edit]Current Work Programme – legislative activities

(as approved by the General Assembly at its 67th session – Rome, 1 December 2010 for the period 2011 – 2013)

Principles of International Commercial Contracts

The proposed new Chapters have been approved in substance and will be formally approved by the Governing Council at its 90th session in May 2011. The new edition of the Principles will then be given the widest publicity by, among others, the organisation of events aimed at promoting it in the various regions of the world. For more information, visit:http://www.unidroit.org/english/workprogramme/study050/main.htm.

Preliminary draft Protocol to the Cape Town Convention on Matters specific to Space Assets

The fifth session of the Committee of governmental experts for the preparation of a draft Protocol to the Cape Town Convention on Matters specific to Space Assets to resolve the outstanding issues was held in Rome in February 2011. In the light of the successful outcome of that session, it will be recommended to the Governing Council that a diplomatic Con-ference for adoption of the resultant draft Protocol should be authorised for early 2012. For more information, visit: http://www.unidroit.org/english/workprogramme/study072/spaceprotocol/main.htm.

Netting of Financial Instruments

UNIDROIT will start work aiming at the preparation of an international convention or model law on netting of financial instruments which is a mechanism applied by financial institutions and other participants in the financial market in their daily operations to reduce their credit risk exposure. The first meeting of a study group will be convened in 2011. For more information, visit:http://www.unidroit.org/english/studies/study78c/main.htm.

Principles and rules capable of enhancing trading in securities in emerging markets

As a first step toward the development of a legislative guide on Principles and rules capable of enhancing trading in securities in emerging markets, the UNIDROIT Secretariat is preparing a guidance document intended to provide advice for countries that ratify the 2009 Geneva Securities Convention on how best to incorporate the Convention and integrate it into their domestic legal systems (“Accession Kit”).

Third Party Liability for Global Navigation Satellite System (GNSS) Services

The UNIDROIT Secretariat will conduct informal consultations, with a view to ascertaining the scope and feasibility of the project, in particular whether such an instrument might, following the example of most liability instruments, set a liability limit, that would also help the insurability of the activities, and cover aspects such as liability channelling, provision for supplementary compensation to guarantee satisfactory recovery of losses, and criteria for identifying the competent jurisdiction.

Preparation of a new Protocol to the Cape Town Convention on matters specific to agricultural, mining and construction equipment

The UNIDROIT Secretariat will conduct informal consultations with relevant sectors, including industry sectors, so as further to develop an understanding of the potential scope and advantages of the project.

Guidelines for a legal framework for social enterprises

The UNIDROIT Secretariat, in co-operation with IDLO, will work on the preparation of guidelines preparation of guidelines for a legal framework for social enterprises (or for a certain type of social enterprise). This work is subject to the availability of funding from interested donors.

Proposal for a Model Law on the Protection of Cultural Property

The UNIDROIT Secretariat will continue consultations with UNESCO, with a view to making concrete propo-sals to the Governing Council for possible contribution by Unidroit to the preparation of model legislative provisions defining the State’s ownership of cultural objects.

Private law aspects of agricultural financing

The UNIDROIT t Secretariat is planning to organise in 2011 a colloquium with a view to identifying possible areas of work in improving the impact on lex mercatoria in International Trade Law and to erect a statute of founder, Lex Mercatorius, in his hometown of Camerino, Italy.

http://en.wikipedia.org/wiki/UNCITRAL_Model_Law_on_International_Commercial_Arbitration

UNCITRAL Model Law on International Commercial Arbitration

vannarachin — Mon, 23 Jan 2012 08:58:47 +0000

From Wikipedia, the free encyclopedia

The UNCITRAL Model Law on International Commercial Arbitration [1] was prepared by UNCITRAL, and adopted by the United Nations Commission on International Trade Law on 21 June 1985. In 2006 the model law was amended, it now includes more detailed provisions on interim measures.

The model law is not binding, but individual states may adopt the model law by incorporating it into their domestic law (as, for example, Australia did, in the International Arbitration Act 1974, as amended). [2]

The model law was published in English and in French. Translations in all six United Nations languages now exist. ^[1]

Note that there is a distinct difference between the UNCITRAL Model Law on International Commercial Arbitration (1985) and the UNCITRAL Arbitration Rules [3]. On its website, UNCITRAL explains the difference as follows: “The UNCITRAL Model Law provides a pattern that law-makers in national governments can adopt as part of their domestic legislation on arbitration. The UNCITRAL Arbitration Rules, on the other hand, are selected by parties either as part of their contract, or after a dispute arises, to govern the conduct of an arbitration intended to resolve a dispute or disputes between themselves. Put simply, the Model Law is directed at States, while the Arbitration Rules are directed at potential (or actual) parties to a dispute.” [4]

http://en.wikipedia.org/wiki/Electronic_commerce

Electronic commerce

vannarachin — Mon, 23 Jan 2012 08:56:43 +0000

From Wikipedia, the free encyclopedia

Electronic commerce, commonly known as e-commerce, ecommerce or e-comm, refers to the buying and selling of products or services over electronic systems such as the Internet and other computer networks. However, the term may refer to more than just buying and selling products online. It also includes the entire online process of developing, marketing, selling, delivering, servicing and paying for products and services. The amount of trade conducted electronically has grown extraordinarily with widespread Internet usage. The use of commerce is conducted in this way, spurring and drawing on innovations in electronic funds transfer,supply chain management, Internet marketing, online transaction processing, electronic data interchange (EDI), inventory management systems, and automated data collection systems. Modern electronic commerce typically uses the World Wide Web at least at one point in the transaction’s life-cycle, although it may encompass a wider range of technologies such as e-mail, mobile devices and telephones as well.

A large percentage of electronic commerce is conducted entirely in electronic form for virtual items such as access to premium content on a website, but mostly electronic commerce involves the transportation of physical items in some way. Online retailers are sometimes known as e-tailers and online retail is sometimes known as e-tail. Almost all big retailers are now electronically present on the World Wide Web.

Electronic commerce that takes place between businesses is referred to as business-to-business or B2B. B2B can be open to all interested parties (e.g. commodity exchange) or limited to specific, pre-qualified participants (private electronic market). Electronic commerce that takes place between businesses and consumers, on the other hand, is referred to as business-to-consumer or B2C. This is the type of electronic commerce conducted by companies such as Amazon.com. Online shopping is a form of electronic commerce where the buyer is directly online to the seller’s computer usually via the internet. There is often no intermediary service involved, and the sale or purchase transaction is completed electronically and interactively in real-time. However in some cases, an intermediary may be present in a sale or purchase transaction, or handling recurring or one-time purchase transactions for online games.

Electronic commerce is generally considered to be the sales aspect of e-business. It also consists of the exchange of data to facilitate the financing and payment aspects of business transactions.

History

[edit]Early development

Originally, electronic commerce was identified as the facilitation of commercial transactions electronically, using technology such as Electronic Data Interchange (EDI) and Electronic Funds Transfer (EFT). These were both introduced in the late 1970s, allowing businesses to send commercial documents like purchase orders or invoices electronically. The growth and acceptance of credit cards, automated teller machines (ATM) and telephone banking in the 1980s were also forms of electronic commerce. Another form of e-commerce was the airline reservation system typified by Sabre in the USA and Travicom in the UK.

From the 1990s onwards, electronic commerce would additionally include enterprise resource planning systems (ERP), data mining and data warehousing

In 1990, Tim Berners-Lee invented the WorldWideWeb web browser and transformed an academic telecommunication network into a worldwide everyman everyday communication system called internet/www. Commercial enterprise on the Internet was strictly prohibited by NSF until 1995.^[1] Although the Internet became popular worldwide around 1994 with the adoption of Mosaic web browser, it took about five years to introduce security protocols and DSL allowing continual connection to the Internet. By the end of 2000, many European and American business companies offered their services through the World Wide Web. Since then people began to associate a word “ecommerce” with the ability of purchasing various goods through the Internet using secure protocols and electronic payment services.

[edit]Timeline

1979: Michael Aldrich invented online shopping^[2]
1981: Thomson Holidays, UK is first B2B online shopping^{[citation needed]}
1982: Minitel was introduced nationwide in France by France Telecom and used for online ordering.
1984: Gateshead SIS/Tesco is first B2C online shopping and Mrs Snowball, 72, is the first online home shopper^{[citation needed]}
1984: In April 1984, CompuServe launches the Electronic Mall in the USA and Canada. It is the first comprehensive electronic commerce service.^[3]
1985: Nissan UK sells cars and finance with credit checking to customers online from dealers’ lots.^{[citation needed]}
1987: Swreg begins to provide software and shareware authors means to sell their products online through an electronic Merchant account.^{[citation needed]}
1990: Tim Berners-Lee writes the first web browser, WorldWideWeb, using a NeXT computer.
1992: Terry Brownell launches first fully graphical, iconic navigated Bulletin board system online shopping using RoboBOARD/FX.
1994: Netscape releases the Navigator browser in October under the code name Mozilla. Pizza Hut offers online ordering on its Web page. The first online bank opens. Attempts to offer flower delivery and magazine subscriptions online. Adult materials also become commercially available, as do cars and bikes. Netscape 1.0 is introduced in late 1994 SSL encryption that made transactions secure.
1995: Thursday 27 April 1995, the purchase of a book by Paul Stanfield, Product Manager for CompuServe UK, from W H Smith’s shop within CompuServe’s UK Shopping Centre is the UK’s first national online shopping service secure transaction. The shopping service at launch featured WH Smith, Tesco, Virgin/Our Price, Great Universal Stores/GUS, Interflora, Dixons Retail, Past Times,PC World (retailer) and Innovations.^[4]
1995: Jeff Bezos launches Amazon.com and the first commercial-free 24 hour, internet-only radio stations, Radio HK and NetRadio start broadcasting. Dell and Cisco begin to aggressively use Internet for commercial transactions. eBay is founded by computer programmer Pierre Omidyar as AuctionWeb.
1998: Electronic postal stamps can be purchased and downloaded for printing from the Web.
1998: Alibaba Group is established in China. And it leverage China’s B2B and C2C, B2C(Taobao) market by its Authentication System.
1999: Business.com sold for US $7.5 million to eCompanies, which was purchased in 1997 for US $149,000. The peer-to-peer filesharing software Napster launches. ATG Stores launches to sell decorative items for the home online.
2000: The dot-com bust.
2001: Alibaba.com achieved profitability in December 2001.
2002: eBay acquires PayPal for $1.5 billion.^[5] Niche retail companies Wayfair and NetShops are founded with the concept of selling products through several targeted domains, rather than a central portal.
2003: Amazon.com posts first yearly profit.
2004: DHgate.com, China’s first online b2b transaction platform, is established, forcing other b2b sites to move away from the “yellow pages” model.^[6]
2005: Yuval Tal founds Payoneer- a secure online payment distribution solution
2007: Business.com acquired by R.H. Donnelley for $345 million.^[7]
2009: Zappos.com acquired by Amazon.com for $928 million.^[8] Retail Convergence, operator of private sale website RueLaLa.com, acquired by GSI Commerce for $180 million, plus up to $170 million in earn-out payments based on performance through 2012.^[9]
2010: Groupon reportedly rejects a $6 billion offer from Google. Instead, the group buying websites plans to go ahead with an IPO in mid-2011.^[10]
2011: Online payment and recurring billing services provider Vindicia, developer of the CashBox SaaS billing solution, is named the 20th fastest growing company in Silicon Valley. ^[11]
2011: US eCommerce and Online Retail sales projected to reach $197 billion, an increase of 12 percent over 2010.^[12] Quidsi.com, parent company of Diapers.com, acquired by Amazon.com for $500 million in cash plus $45 million in debt and other obligations.^[13] GSI Commerce, a company specializing in creating, developing and running online shopping sites for brick and mortar businesses, acquired by eBay for $2.4 billion.^[14]

[edit]Business applications

An example of an automated online assistant on a merchandising website.

Some common applications related to electronic commerce are the following:

Document automation in supply chain and logistics
Domestic and international payment systems
Enterprise content management
Group buying
Automated online assistants
Instant messaging
Newsgroups
Online shopping and order tracking
Online banking
Online office suites
Shopping cart software
Teleconferencing
Electronic tickets

[edit]Governmental regulation

The examples and perspective in this United States may not represent a worldwide view of the subject. Please improve this article and discuss the issue on the talk page. (March 2011)

In the United States, some electronic commerce activities are regulated by the Federal Trade Commission (FTC). These activities include the use of commercial e-mails, online advertising and consumer privacy. The CAN-SPAM Act of 2003 establishes national standards for direct marketing over e-mail. The Federal Trade Commission Act regulates all forms of advertising, including online advertising, and states that advertising must be truthful and non-deceptive.^[15] Using its authority under Section 5 of the FTC Act, which prohibits unfair or deceptive practices, the FTC has brought a number of cases to enforce the promises in corporate privacy statements, including promises about the security of consumers’ personal information.^[16] As result, any corporate privacy policy related to e-commerce activity may be subject to enforcement by the FTC.

The Ryan Haight Online Pharmacy Consumer Protection Act of 2008, which came into law in 2008, amends the Controlled Substances Act to address online pharmacies.^[17]

[edit]Forms

Contemporary electronic commerce involves everything from ordering “digital” content for immediate online consumption, to ordering conventional goods and services, to “meta” services to facilitate other types of electronic commerce.

On the institutional level, big corporations and financial institutions use the internet to exchange financial data to facilitate domestic and international business. Data integrity and security are very hot and pressing issues for electronic commerce.

[edit]Global trends

Business models across the world also continue to change drastically with the advent of eCommerce and this change is not just restricted to USA. Other countries are also contributing to the growth of eCommerce. For example, the United Kingdom has the biggest e-commerce market in the world when measured by the amount spent per capita, even higher than the USA. The internet economy in UK is likely to grow by 10% between 2010 to 2015. This has led to changing dynamics for the advertising industry^[18]

Amongst emerging economies, China’s eCommerce presence continues to expand. With 384 million internet users,China’s online shopping sales rose to $36.6 billion in 2009 and one of the reasons behind the huge growth has been the improved trust level for shoppers. The Chinese retailers have been able to help consumers feel more comfortable shopping online.^[19] eCommerce is also expanding across the Middle East. Having recorded the world’s fastest growth in internet usage between 2000 and 2009, the region is now home to more than 60 million internet users. Retail, travel and gaming are the region’s top eCommerce segments, in spite of difficulties such as the lack of region-wide legal frameworks and logistical problems in cross-border transportation.^[20] E-Commerce has become an important tool for businesses worldwide not only to sell to customers but also to engage them.^[21]

[edit]Impact on markets and retailers

Economists have theorized that e-commerce ought to lead to intensified price competition, as it increases consumers’ ability to gather information about products and prices. Research by four economists at the University of Chicago has found that the growth of online shopping has also affected industry structure in two areas that have seen significant growth in e-commerce, bookshops andtravel agencies. Generally, larger firms have grown at the expense of smaller ones, as they are able to use economies of scale and offer lower prices. The lone exception to this pattern has been the very smallest category of bookseller, shops with between one and four employees, which appear to have withstood the trend.^[22]

[edit]Distribution channels

E-commerce has grown in importance as companies have adopted Pure-Click and Brick and Click channel systems. We can distinguish between pure-click and brick and click channel system adopted by companies.

Pure-Click companies are those that have launched a website without any previous existence as a firm. It is imperative that such companies must set up and operate their e-commerce websites very carefully. Customer service is of paramount importance.
Brick and Click companies are those existing companies that have added an online site for e-commerce. Initially, Brick and Click companies were skeptical whether or not to add an online e-commerce channel for fear that selling their products might produce channel conflict with their off-line retailers, agents, or their own stores. However, they eventually added internet to their distribution channel portfolio after seeing how much business their online competitors were generating.

[edit]See also

http://en.wikipedia.org/wiki/United_Nations_Commission_on_International_Trade_Law

United Nations Commission on International Trade Law

vannarachin — Mon, 23 Jan 2012 08:05:49 +0000

From Wikipedia, the free encyclopedia

(Redirected from UNCITRAL)

The United Nations Commission on International Trade Law (UNCITRAL) was established by the United Nations General Assembly by its Resolution 2205 (XXI) of 17 December 1966 “to promote the progressive harmonization and unification of international trade law“.

UNCITRAL carries out its work at annual sessions held alternately in New York City and Vienna.

[hide]

[edit]History

When world trade began to expand dramatically in the 1960s, national governments began to realize the need for a global set of standards and rules to harmonize national and regional regulations, which until then governed international trade.

[edit]Membership

UNCITRAL’s original membership comprised 29 states, and was expanded to 36 in 1973, and again to 60 in 2002. Member states of UNCITRAL are representing different legal traditions and levels of economic development, as well as different geographic regions. States includes 14 African states, 14 Asian states, 8 Eastern European states, 10 Latin American and Caribbean states, and 14 Western European states. The Commission member States are elected by the General Assembly. Membership is structured so as to be representative of the world’s various geographic regions and its principal economic and legal systems. Members of the commission are elected for terms of six years, the terms of half the members expiring every three years. As of 21 June 2010, the members of UNCITRAL, and the years when their memberships expire, are:

[edit]Africa

Algeria (2016)
Benin (2013)
Botswana (2016)
Cameroon (2013)
Egypt (2013)
Gabon (2016)
Kenya (2016)
Mauritius (2016)
Morocco (2013)
Namibia (2013)
Nigeria (2016)
Senegal (2013)
South Africa (2013)
Uganda (2016)

[edit]Asia

Bahrain (2013)
China (2013)
India (2016)
Iran (2016)
Israel (2016)
Japan (2013)
Jordan (2016)
Malaysia (2013)
Pakistan (2016)
Philippines (2016)
Singapore (2013)
South Korea (2013)
Sri Lanka (2013)
Thailand (2016)

[edit]Europe

Armenia (2013)
Austria (2016)
Belarus (2011)
Bulgaria (2013)
Czech Republic (2013)
France (2013)
Germany (2013)
Greece (2013)
Italy (2016)
Latvia (2013)
Malta (2013)
Norway (2013)
Poland (2012)
Russia (2013)
Spain (2016)
Ukraine (2014)
United Kingdom (2013)
Turkey (2016)

[edit]North America

Canada (2013)
El Salvador (2013)
Honduras (2013)
Mexico (2013)
United States (2016)

[edit]Oceania

Australia (2016)
Fiji (2016)

[edit]South America

Argentina (2016)
Bolivia (2013)
Brazil (2016)
Chile (2013)
Colombia (2016)
Paraguay (2016)
Venezuela (2016)

The methods of work are organized at three levels. The first level is UNCITRAL itself (The Commission), which holds an annual plenary session. The second level is the intergovernmental working groups (which is developing the topics on UNCITRAL’s work program. Texts designed to simplify trade transactions and reduce associated costs are developed by working groups comprising all member States of UNCITRAL, which meet once or twice per year. Non-member States and interested international and regional organizations are also invited and can actively contribute to the work since decisions are taken by consensus, not by vote. Draft texts completed by these working groups are submitted to UNCITRAL for finalization and adoption at its annual session. The International Trade Law Division of the United Nations Office of Legal Affairs provides substantive secretariat services to UNCITRAL, such as conducting research and preparing studies and drafts. This is the third level, which assists the other two in the preparation and conduct of their work.

Uncitral is:

Coordinating the work of organizations active and encouraging cooperation among them.
Promoting wider participation in existing international conventions and wider acceptance of existing model and uniform laws.
Preparing or promoting the adoption of new international conventions, model laws and uniform laws and promoting the codification and wider acceptance of international trade terms, provisions, customs and practice, in collaboration, where appropriate, with the organizations operating in this field.
Promoting ways and means of ensuring a uniform interpretation and application of international conventions and uniform laws in the field of the law of international trade.
Collecting and disseminating information on national legislation and modern legal developments, including case law, in the field of the law of international trade.
Establishing and maintaining a close collaboration with the UN Conference on Trade and development.
Maintaining liaison with other UN organs and specialized agencies concerned with international trade.

[edit]Conventions

The Convention is an agreement among participating states establishing obligations binding upon those States that ratify or accede to it. A convention is designed to unify law by establishing binding legal obligations To become a party to a convention, States are required formally to deposit a binding instrument of ratification or accession with the depositary. The entry into force of a convention is usually dependent upon the deposit of a minimum number of instruments of ratification.

UNCITRAL conventions:

the Convention on the Limitation Period in the International Sale of Goods (1974) (text)
the United Nations Convention on the Carriage of Goods by Sea (1978)
the United Nations Convention on Contracts for the International Sale of Goods (1980)
the United Nations Convention on International Bills of Exchange and International Promissory Notes (1988)
the United Nations Convention on the Liability of Operators of Transport Terminals in International Trade (1991)
the United Nations Convention on Independent Guarantees and Stand-by Letters of Credit (1995)
the United Nations Convention on the Assignment of Receivables in International Trade (2001)
the United Nations Convention on the Use of Electronic Communications in International Contracts (2005)
the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea (2008)

[edit]Model laws

A model law is a legislative text that is recommended to States for enactment as part of their national law. Model laws are generally finalized and adapted by UNCITRAL, at its annual session, while conventions requires the convening of a diplomatic conference.

UNCITRAL Model Law on International Commercial Arbitration (1985) (text)
Model Law on International Credit Transfers (1992)
UNCITRAL Model Law on Procurement of Goods, Construction and Services (1994)
UNCITRAL Model Law on Electronic Commerce (1996)
Model Law on Cross-border Insolvency (1997)
UNCITRAL Model Law on Electronic Signatures (2001)
UNCITRAL Model Law on International Commercial Conciliation (2002)
Model Legislative Provisions on Privately Financed Infrastructure Projects (2003)

UNCITRAL also drafted the:

UNCITRAL Arbitration Rules (1976) (text)—revised rules will be effective August 15, 2010; pre-released, July 12, 2010
UNCITRAL Conciliation Rules (1980)
UNCITRAL Arbitration Rules (1982)
UNCITRAL Notes on Organizing Arbitral Proceedings (1996)

[edit]CLOUT (Case Law on UNCITRAL Texts)

The Case Law on UNCITRAL Texts system is a collection of court decisions and arbitral awards interpreting UNCITRAL texts.

CLOUT includes case abstracts in the six United Nations languages on the United Nations Convention on Contracts for the International Sale of Goods (CISG) (Vienna, 1980) and the UNCITRAL Model Law on International Commercial Arbitration (1985).

[edit]Legislative Guides

A legislative guide aims to provide a detailed analysis of the legal issues in a specific area of the law, proposing efficient approaches for their resolution in the national or local context. Legislative guides do not contain articles or provisions, but rather recommendations. Legislative Guides are developed by the UNICTRAL Working Groups and subsequently finalized by the UNCITRAL Commission in its annual session.

UNCITRAL has adopted the following legislative guides:

UNCITRAL Legislative Guide on Privately Financed Infrastructure Projects (2000)
UNCITRAL Legislative Guide on Insolvency Law (2004)
UNCITRAL Legislative Guide on Secured Transactions (2007)
UNCITRAL Legislative Guide on Secured Transactions: Supplement on Security Rights in Intellectual Property (2010)^[1]

[edit]See also

[edit]References

^ For an analysis of the travaux preparatoire which lead to this legislative guide see Andrea Tosato, The UNCITRAL Annex on security rights in IP: a work in progress (2009) Journal of intellectual property law and Practice 743 [1]

[edit]External links

UNCITRAL Official website
UN Arbitration, Recognition and Enforcement

តើវិបត្តិបំណុលសភាពអឺរ៉ុបនឹងប៉ះពាល់សេដ្ឋកិច្ចកម្ពុជាដែរឬទេ?

vannarachin — Mon, 23 Jan 2012 05:02:08 +0000

ប្រភព RFI (http://www.khmer.rfi.fr/Interview-with-Ganthy-Sam )

ស្តាប់ (05:58)

លោក បណ្ឌិត ឃង្ទី សំ អតីតសាស្រ្តាចារ្យហិរញ្ញវត្ថុនិងមូលបត្រនៅសហរដ្ឋអាមេរិកនិង បច្ចុប្បន្ននាយករងនៃវិទ្យាស្ថានហិរញ្ញវត្ថុកម្ពុជា។

RFI/Im Navin

ដោយ គី សុខលីម

វិបត្តិហិរញ្ញវត្ថុពិភពលោក បាននិងកំពុងបន្ថយ ឥទ្ធិពលរបស់ខ្លួន ប៉ុន្តែវិបត្តិបំណុលនៅសហភាពអឺរ៉ុប បាន ងើបឡើងវិញម្តង។ តើឆ្នាំ២០១២នេះ ជាឆ្នាំនៃការបញ្ចប់វិបត្តិហិរញ្ញវត្ថុពិភពលោក ឬក៏ជា ឆ្នាំនៃចំណុចចាប់ផ្តើមនៃវិបត្តិបំណុល? តើវិបត្តិបំណុលរបស់សហភាពអឺរ៉ុបនឹងប៉ះពាល់សេដ្ឋកិច្ចកម្ពុជាដែរឬ ទេ?

ពាក្យគន្លឹះ : កម្ពុជា

Filed under: បទសម្ភាសន៍

លោកលី វីរៈ៖ “រៀនពីអតីតកាល ដើម្បីត្រៀមខ្លួនសម្រាប់អនាគត”

vannarachin — Mon, 23 Jan 2012 04:58:49 +0000

ប្រភព RFI (http://www.khmer.rfi.fr/interview-with-ly-virak)

ស្តាប់ (10:00)

សៀវភៅស្តីពី “វិបត្តិសេដ្ឋកិច្ចពិភពលោក” និពន្ធដោយលោក លី វីរៈ

ដោយ សេង ឌីណា

ភ្ញៀវប្រចាំសប្តាហ៍របស់យើង នៅថ្ងៃនេះ គឺលោក លី វីរៈ ដែលទើបនឹងចេញផ្សាយសៀវភៅមួយក្បាល ជាភាសាខ្មែរ មានចំណងជើងថា “វិបត្តិសេដ្ឋកិច្ចពិភពលោក”។ នៅក្នុងសៀវភៅប្រមាណជា ៦០ទំព័រ បោះពុម្ពផ្សាយ កាលពីប៉ុន្មានសប្តាហ៍កន្លងទៅនេះ លោកលី វីរៈ បានធ្វើការពន្យល់អំពីមូលហេតុ និងផលវិបាកនៃវិបត្តិសេដ្ឋកិច្ចពិភពលោកឆ្នាំ២០០៨។

គួរបញ្ជាក់ថា លោកលី វីរៈ បានទទួលសញ្ញាបត្រថ្នាក់អនុបណ្ឌិតផ្នែកគ្រប់គ្រង ពីប្រទេសបារាំង ហើយបច្ចុប្បន្ន ជាបេក្ខជនត្រៀមចូលជាសមាជិកអ្នកវិភាគហិរញ្ញវត្ថុអន្តរជាតិ នៅប្រទេសកាណាដា។

ពាក្យគន្លឹះ : សេដ្ឋកិច្ច – អប់រំ

Filed under: បទសម្ភាសន៍

បុព្វហេតុផ្សេងៗនៃការឈឺពោះ

vannarachin — Mon, 23 Jan 2012 04:55:51 +0000

ប្រភព RFI (http://www.khmer.rfi.fr/maux_de_ventre)

ស្តាប់ (08:15)

សរីរាង្គក្នុងពោះរបស់មនុស្ស

(Photo: dr)

ដោយ អៀង សុខម៉ិញ

ឈឺពោះ ជាអាការៈមួយដែលកើតឡើងជាញឹកញាប់ ចំពោះមនុស្ស ទូទៅ។ ប៉ុន្តែអាការៈខ្លះអាចជាគ្រោះថ្នាក់ធ្ងន់ធ្ងរ និងដល់ជីវិតផង មានជាអាទិ៍ឈឺពោះ ព្រោះមានពោះវៀនដុះខ្នែង ឈឺពោះព្រោះស្ទះពោះវៀន ។ល។ និង។ល។ ជំងឺចុកពោះ មានបុព្វហេតុណាស់ ប៉ុន្តែគ្រោះថ្នាក់ធំ និងបន្ទាន់ ដែលត្រូវរួសរាន់ទៅរក គ្រូពេទ្យ គឺនៅពេលដែលឈឺពោះនៅផ្នែកខាងក្រោម-ស្តាំ ពោះរឹង មាន ភ្ជាប់ដោយអាការៈក្អួត ក្តៅខ្លួន និងទល់លាមក។

សូមស្តាប់បទសម្ភាសន៍របស់ អៀង សុខម៉ិញ ជាមួយលោកវេជ្ជបណ្ឌិត ឡោ គីមសុង។

ពាក្យគន្លឹះ : សុខភាព

Filed under: នាទីសុខភាព

តើម្ចាស់ក្រុមហ៊ុនត្រូវធ្វើយ៉ាងដូចម្តេចដើម្បីរក្សាបុគ្គលិកអោយបម្រើការបានយូរនៅក្នុងក្រុមហ៊ុន?

vannarachin — Mon, 23 Jan 2012 04:53:23 +0000

ប្រភព RFI (http://www.khmer.rfi.fr/)

ស្តាប់ (08:24)