Transcript Slides from Louise Kantrow - New York City Bar Association

Post Rio+20: Where Do We
Stand 21 Months Later?
Thursday April 3, 2014
6:30-8:30 PM
42 West 44th Street, New York, NY 10036
Prepared by:
Louise Kantrow
Permanent Representative of the ICC to the UN
ICC OVERVIEW
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Founded in 1919 by a group of industrialists, financiers and traders who
called themselves “the merchants of peace” who believed fervently that
strong and mutually beneficial commercial ties among nations would not only
make them more prosperous but also make them less likely to go to war.
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Today, ICC is the largest, most representative business organization in the
world, encompassing 6.5 million businesses in our global network, with
national committees in 130 countries, and active presence in over 230
countries though ICC’s World Chambers Federation.
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The fundamental mission of ICC has always been to promote an open
international trade and investment system and foster the economic growth of
developed and developing countries alike, particularly with a view to better
integrate all countries into the world economy.
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ICC has three main activities: rule setting, dispute resolution, and policy
advocacy.
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Private sector leaders and experts drawn from ICC’s networks establish the
business stance on broad issues of trade and investment policy as well as on
vital technical, sectoral and regional subjects.
ICC AT THE UNITED NATIONS
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During the 1920s and 1930s, the International Chamber of Commerce took part in
most economic conferences convened by the League of Nations, where it had been
accredited since 1920. By early 1922, the secretariat of the Economic Section of the
League began consulting with the International Chamber of Commerce as the
representative of business.
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On 1 October 1946, the ICC was accorded General consultative status with the UN
Economic and Social Council (ECOSOC) – the highest level consultative status.
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ICC promotes business views and policy guidance at the United Nations through
substantive engagement/ partnership with UN Agencies, Departments and
Programmes and participation at intergovernmental deliberations.
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Coordinate the work of the Global Business Alliance on Post-2015.
Support ICC Secretary General and ICC HQ on UN activities of: the Post-2015
Development Agenda including (1) Open Working Group on Sustainable
Development Goals; (2) Intergovernmental Committee of Experts on Sustainable
Development Financing; (3) High-Level Political Forum; as well as the Landlocked
and Least Developed Countries; UN Global Compact; Financing for Development;
and UN Peacebuilding Commission among others.
ICC AND INTERNATIONAL TRADE NORMS
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As the foremost business rules-maker for international trade, ICC sets voluntary rules
that enterprises from all parts of the world apply to millions of transactions every year.
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The rules of the Commission on Commercial Law and Practice (CLP), such as
Incoterms® 2010, have become part of the legal fabric of international
commerce.
Products relating to the work of the Commercial Law and Practice Commission
include:
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- Incoterms
- Commercial Agency
- Confidentiality
- Distributorship
- eContracting
- eTerms 2004
- Force majeure
- Legal Handbook for Global Sourcing
Contracts
- Mergers and Acquisitions
- Model Subcontract
- Occasional Intermediary Contract
- Sale of goods
- Technology Transfer
- Trademark licensing
- Turnkey Transactions
GLOBAL BUSINESS ALLIANCE FOR POST-2015
•
In September 2015 the member states of the United Nations will convene to approve a new
global agenda to resolve two of the most critical issues confronting the world community: how
to end poverty and how to promote sustainable development.
•
A preparatory process that will culminate in this historic meeting of the General Assembly is
underway and unlike the Millennium Declaration, the business community is involved to help
shape policy debate, contribute critical areas of expertise and demonstrate best practices.
•
At these intergovernmental meetings, operating under the rules of the Major Group process,
the official views of the private sector will be represented by the Business and Industry Major
Group.
•
Business representatives came together during the opening of the UN General Assembly in
September 2013 to form The Global Business Alliance for Post 2015 in order to make
effective, concrete and long-term contributions to the new international development agenda.
•
Composed of major international private sector organizations, the Alliance encompass the
views of global, regional, national and sectoral business organizations and associations, as
well as, companies from multinational corporations to small and medium size enterprises
from all geographic regions having a shared vision that market-based solutions are essential
to move toward a more sustainable and equitable world.
GBA ORGANIZATIONS
The Global Business Alliance for post-2015 is a diverse group across sectors and nations, which
offers a broad range of approaches, expertise and perspectives to strengthen and inform the
United Nations deliberations at every step of the way.
ENABLING ENVIRONMENT
 One critical and over-arching pre-condition for sustainable development is good
governance and an enabling environment.
 At all levels – domestic markets, foreign investment and international trade – private
enterprise requires an operating environment conducive to growth and development,
including:
– peace and stability,
– the rule of law,
– good governance with accountability and transparency,
– absence of corruption
– adequate infrastructure,
– educated workforce,
– clear property rights and enforceable contracts
REGULATORY ENVIRONMENT
Creating the right regulatory environment for business to thrive will build on:
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a stable macroeconomic and regulatory environment, supported by sound fiscal and
economic policies
reviewing regulation affecting business to ensure it creates an enabling environment
for doing business and has a pro-employment impact whilst also meeting its regulatory
purpose
reforming regulations to redress legal and administrative barriers to formalization
better facilitating and supporting the registration and early stage growth of new
businesses (including providing access to credit, financial support, often at the micro
level)
providing sound, open and transparent government, free from corruption and
inefficiency, which strives to make investment and partnership opportunities accessible
to all but particularly to new, smaller businesses
protecting property rights and the rule of law and ensuring efficient law enforcement
systems
embracing an inclusive and open society, with equal opportunities for all
Develop local expertise capable of drawing on readily available international
standards, tools and expertise for carrying out commercial law reforms at the country
level.
COMMERCIAL LAW
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Commercial law, depending on how one drafts it, can promote local productive
capacities or make ones’ local market less competitive;
it may create mechanisms to ensure accountability or may only give impression
that it does so; it can create market incentives for corporate responsibility and
good governance or can promote fraudulent activities;
it may be an effective deterrent of conflicts triggered by economic factors by
addressing their root causes or may trigger conflicts by creating environment
where favoritism and corruption flourishes and inequalities are involved.
Outdated commercial law framework is a major impediment to development and
the effective mobilization of resources, creating barriers to the formalization of the
informal sector of economy, inclusive finance, innovation, new economic
opportunities, public expenditure efficiency and savings, recovery from financial
crisis and other benefits.
ABSENCE OF RULE OF LAW
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A functional legal system is not only key in building economic foundations, it is also
crucial in safeguarding democratic values.
Without an integrated system of institutions that create order and facilitate daily
transactions of all types – from traffic flow to business contracts – true rule of law
and true democratic governance are lacking.
Widespread informality leads to weak rule of law and corruption; in the absence of
legal protection, that comes with property rights and the livelihood of informal
entrepreneurs depends on the whim of local officials. When legal protection is out
of reach for the majority of the population and when rules are enforced arbitrarily,
abuse thrives and democracy cannot flourish.
RECOMMENDATIONS
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Promotion of consensus-building through stakeholder dialogue is vital for
designing effective solutions and for implementing them in practice.
Improved state-business relations can contribute to a better understanding of
private sector needs by the government and thus to a more efficient allocation of
resources in the economy.
A government that is informed through regular meetings with the private sector
about investment climate problems will usually have stronger ownership for
reforms.
Constant dialogue with private investors is also necessary to enable public officials
to assess where markets can be expected to work and where they are likely to fail
and offer or withdraw public support accordingly. This can create trust between
the public and private sector, make policies more predictable, and thus minimize
the risks for the private sector.