Articles
Legal And Regulatory Aspects Of E-Commerce And The Internet
An "e-friendly", "e-ready" enabling legal and regulatory framework is indispensable if a country is to reap the economic and social benefits of electronic commerce and the Internet. While much of the experience in creating such an enabling legal and regulatory framework on a national level is found in and derives from the industrialized countries, the issues explored in this article raise particular challenges for policy makers in the developing world, and have implications for development of...
Intellectual Property Rights And The Protection Of Public Health In Developing Countries
"This article focuses on the protection of intellectual property rights for pharmaceutical products from the perspective of developing countries. Mindful of the impact on both price and availability of medicines, the author subjects the international intellectual property rights regime, as well as common domestic practices, to critical scrutiny. Emphasizing that the WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights does not impose international uniformity, Prof. Correa ...
Assessing A Bill In Terms Of The Public Interest: The Legislator s Role In The Law-Making Process
Elected representatives in developing countries and economies in transition strive to exercise their constitutionally-assigned role to ensure for their people a better present and a brighter future. However, too often existing institutions (defined here as society's repetitive patterns of behaviors) defeat the best intentions of deputies to effectuate transformation. Rejecting the claim that law cannot significantly modify institutions, the authors offer an institutionalist legislative theory...
Property Rights Issues In Common Property Regimes For Forestry
In many developing countries, common property rights regimes for forests are difficult to discern: they are typically the result of original common property elements in customary legal systems on which several layers of subsequent law have been superimposed " colonial rule, post-independence law asserting new rights in the state, laws recognizing indigenous forms of land tenure alongside "modern" land law, and attempts at harmonizing and unifying national law with respect to land. In this art...
Many countries around the world are engaged in judicial reform as part of a wider effort to make state institutions more responsive to the needs of citizens, market requirements, and protection of the social fabric. Recognizing that the quality of judges is crucial for a well-functioning judiciary, this article discusses a number of key determinants of judicial quality, ranging from how judges are selected to how they are trained, compensated, evaluated, and disciplined. Judge Oxner draws on ...
Recent Legal Developements
The Federal Republic Of Yugoslavia And The World Bank
Membership and Other Matters (with annex on Bank assistance to Kosovo); and Proposed Trust Fund for the Federal Republic of Yugoslavia
Islamic Law On Interest: The 1999 Pakistan Supreme Court Rulings On Riba
Interest plays a central role in Western financial systems. In contrast, Islamic law generally forbids riba or increases over the principal loan amount. In 1999 the Shariat Appellate Bench of the Supreme Court of Pakistan handed down a landmark decision through two rulings concerning the prohibition of riba. The Court defined riba in a broad sense, encompassing any gain, however slight, over the principal amount of a loan and regardless of the type or purpose of the loan. After addressing alt...
On July 20, 1999 the executive directors of the World Bank approved IBRD Resolution No. 99-1 on the establishment of a Prototype Carbon Fund. Resolution No. 99-1 was amended on May 15, 2000,1 and March 22, 2001.2 The resolution as amended is reproduced below. The Prototype Carbon Fund (PCF or the Fund) is unique in that it is the first trust fund established by the World Bank which permits contributions from both the public and the private sectors and which also provides som...
Ethical Norms For The Judicial Branch Of The Republic Of Guatemala
Note contributed by Waleed Malik, Senior Public Sector Management Specialist, World Bank. The author gratefully acknowledges the invaluable assistance of Justices Carlos Esteban Larios Ochaita and Barreda Valenzuela of the Guatemalan Supreme Court of Justice. Note; Following the signing of Guatemala' historic peace accords in December 1996, the country undertook to design a major reform of its judicial branch. It was realized that the success of the judiciary would hinge on its ab...
The needs for adequate shelter worldwide are immense. There are an estimated 100 million homeless individuals in our world, and over one billion people lack decent shelter. However, resource constraints impose severe limitations on the capacity of central and local governments to provide for all needs when markets and other private efforts fail. In recognition of this reality, constitutional and legislative requirements with respect to housing typically contain provisions tempering the state'...
Agreement Establishing The African Trade Insurance Agency
Note; contributed by Mark Walker, Lead Counsel, Cofinancing and Project Finance Practice Group, Legal Vice Presidency, World Bank. The author acted as principal legal advisor to the International Development Association in the Regional Trade Facilitation Project. Note; January 20, 2001 marked a milestone in Africa' ongoing efforts to alleviate poverty through sustainable, private sector-led economic growth, for it was on that date that the Agreement Establishing the African T...
Recent Reports
China And The Knowledge Economy: Seizing The 21St Century
Introduccion. Establishing A More Formal And Transparent Rule Of Law. Intellectual Property Rights. Strengthening Competition And Regulatory Frameworks. Trade. Competition And Regulations. Information Collection And Dissemination. Taxation. Expanding The Private Sector. Promoting Small And Medium Enterprises. Reforming The State-Owned Enterprises. Strengthening The Financial Sector.
Principles And Guidelines For Effective Insolvency And Creditor Rights Systems
In April 2001, the World Bank' Board of Executive Directors reviewed the report Principles and Guidelines for Effective Insolvency and Creditor Rights Systems1and endorsed it as the basis for further work. The report was also considered by the Development Committee, which welcomed its contribution to the international financial architecture and encouraged the further development of the Principles and Guidelines in close consultation with borrowing member countries and partner institu...
