APPENDIX
ONE:
A
List Of Global Organizations
This
Appendix consists of descriptions of global organizations, or
at any rate those with sufficient clout to have some sort of global
importance, many mentioned in the text of the book, under the
four headings: 'Economic', 'Political', 'Cultural' and 'Legal'.
Web addresses are also given.
Readers
are invited to suggest organizations to be included in the Orgology.
If you want to propose one, please write to editor@groupsrus.com,
with Futures in the subject line, making your proposal and giving
a description of the organization concerned in up to 200 words.
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|
Economic
Organizations
Cultural
Organizations
Political
Organizations
Legal
Organizations
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|
SECTION
A: ECONOMIC ORGANIZATIONS
|
Asia-Pacific
Economic Cooperation (APEC): http://www.apec.org/ |
| APEC
was established in 1989 to enhance economic growth and prosperity
for the region and to strengthen the Asia-Pacific community.
Unlike
the WTO or other multilateral trade bodies, APEC has no treaty
obligations required of its participants. Decisions made within
APEC are reached by consensus and commitments are undertaken
on a voluntary basis.
APEC
has 21 members - referred to as "Member Economies"
- which account for approximately 40% of the world's population,
approximately 56% of world GDP and about 48% of world trade.
APEC's
21 Member Economies are Australia; Brunei Darussalam; Canada;
Chile; People's Republic of China; Hong Kong, China; Indonesia;
Japan; Republic of Korea; Malaysia; Mexico; New Zealand; Papua
New Guinea; Peru; The Republic of the Philippines; The Russian
Federation; Singapore; Chinese Taipei; Thailand; United States
of America; Viet Nam.
APEC
focuses on three key areas: Trade and Investment Liberalisation;
Business Facilitation; and Economic and Technical Cooperation.
Since
its inception, APEC has worked to reduce tariffs and other
trade barriers across the Asia-Pacific region, creating efficient
domestic economies and dramatically increasing exports. Key
to achieving APEC's vision are what are referred to as the
'Bogor Goals' of free and open trade and investment in the
Asia-Pacific by 2010 for industrialised economies and 2020
for developing economies. These goals were adopted by Leaders
at their 1994 meeting in Bogor, Indonesia.
|
Bank
for International Settlements (BIS): http://www.bis.org/ |
| BIS,
based in Basle in Switzerland, describes itself as an international
organisation which fosters international monetary and financial
cooperation and serves as a bank for central banks. It has
55 member central banks.
BIS
was established in 1930 to assist with the process of collecting
WWI reparations from Germany, but quickly became a kind of
central bankers' club. After WWII, the BIS had a key role
in implementing and defending the Bretton Woods system. In
the 1970s and 1980s, its focus was on managing cross-border
capital flows following the oil crises and the international
debt crisis.
The
BIS came to the fore as an international regulator after oil
and debt crises in the 1970's, emerging as the leader in developing
regulatory supervision of internationally active banks. The
collapse in 1974 of Bankhaus Herstatt in Germany and of the
Franklin National Bank in the US prompted the G10 central
bank Governors to set up the Basel Committee on Banking Supervision;
the result was the 1988 Basel Capital
Accord and its "Basel II " revision of 2001-06.
In
November 2005, the Committee issued an updated version of
the revised Framework incorporating the additional guidance
set forth in the Committee's paper The Application of Basel
II to Trading Activities and the Treatment of Double Default
Effects (July 2005). On 4 July 2006, the Committee issued
a comprehensive version of the Basel II Framework.
The
Basel Capital Accord introduced a credit risk measurement
framework for internationally active banks that became a globally
accepted standard; the Basel II revision of this standard
has been highly contentious, with many banks complaining that
it is too prescriptive and inappropriate in some circumstances.
While some modifications have been made, there is no escape
from Basel II. Nominally the rules apply to international
banking activity, but in reality it catches all banks, and
national regulators (in practice, usually the very central
banks which are members of the BIS) naturally apply Basel
II to all of their 'client' banks.
The
extreme complexity of modern capital markets defies the wit
of ordinary parliamentarians, and it is probably inescapable
that capital standards for lending institutions should be
set by an arcane expert process. More, the highly evolved
international ramifications and interconnections of the banking
system make it unavoidable that there should be only one measurement
system for capitalization. And hey presto, you have your globalized
banking supervision system. There will be no turning back!
There
are other BIS-based committees that help promote monetary
and financial stability beyond the Banking Committee: the
Committee on the Global Financial System (CGFS - since 1971),
the Committee on Payment and Settlement Systems (CPSS - since
1990) and the Markets Committee (since 1964). In 1999, the
Financial Stability Institute (FSI) was created to promote
dissemination of the work undertaken by the supervisory community,
and to provide practical training for financial sector supervisors
worldwide.
These
additional committees do not (yet) have formalized rule-making
roles. The BIS says about them: 'The standing committees located
at the BIS support central banks, and authorities in charge
of financial stability more generally, by providing background
analysis and policy recommendations.' It is a short step from
'policy recommendations' to 'codes of conduct' and de facto
'standards', one which will doubtless be taken in due course.
|
Financial
Markets Association: http://www.aciforex.com/ |
| ACI
was founded in France in 1955 following an agreement between
foreign exchange dealers in Paris and London. In the years
that followed, other national associations were formed and
there are now affiliated financial markets associations in
65 countries and individual members in another 17 countries.
ACI has the largest membership of any of the international
associations in the wholesale financial markets. The Head
Office is based in Paris. In 1975 the first ACI Code of Conduct
covering foreign exchange and euro-currency dealing was published.
The
Model Code has been compiled in response to an urgent international
need amongst dealers and brokers operating in the OTC foreign
exchange, money and derivatives markets. The Committee for
Professionalism (CFP) of ACI - The Financial Markets Association
has become increasingly aware of this need through regular
contact with its membership of over 24,000 dealers, brokers,
middle and back office staff in over 80 countries.
The
scope of The Model Code is wide ranging, encompassing the
over-the-counter markets and instruments traded by international
bank treasury departments as listed in Appendix 2. The diversity
of markets and products now traded and arbitraged by bank
dealers dictates that there will inevitably be some areas
of overlap where separate individual or local market codes
already exist.
Where
the counterparties of a transaction are unable to resolve
a dispute, which has arisen between them, the ACI Committee
for Professionalism provides an Expert Determination Service
in order to facilitate its resolution. Market participants
are encouraged to avail themselves of this service in accordance
with ACI Rules for Over-the- Counter Financial Instruments
Disputes Resolution. The official language of The Model Code
is English.
|
The
International Accounting Standards Board: http://www.iasb.org/Home.htm |
| The
IASB grew out of a UK standard-setting organization during
a 20-year process that culminated in the 1990s. Its standards,
which are now known as International Financial Reporting Standards
(IFRS) have been adopted by a great majority of non-US countries,
including the European Union, Russia, South Africa, Hong Kong,
Australia, and Singapore. All publicly traded EU companies
have to prepare their consolidated accounts using IFRS as
from 2005.
As
in so many areas, it is the US which is the stand-out, using
GAAP standards (Generally Applicable Accounting Procedures)
which differ in some respects from IFRS, particularly as regards
the treatment of goodwill. However, a process or reconciliation
between IFRS and GAAP has been going on for the last few years,
and it is by now highly probable that mutual co-existence
will be agreed on within a few years, if not actual convergence.
|
International
Air Transport Association
(IATA): http://www.iata.org/index.htm |
| IATA
is an international industry trade group of airlines with
260 airline members representing 94% of international scheduled
air traffic. It was
formed in April 1945, in Havana, Cuba as a successor to the
International Air Traffic Association, itself dating from
1919. IATA has the incompatible goals of assisting airline
companies to achieve lawful competition and uniformity in
prices. Both the EU and the USA are aiming to withdraw the
exemptions that allow IATA to behave as a cartel.
However,
IATA performs a useful regulatory function, assigning 3-letter
IATA Airport Codes and 2-letter IATA Airline Designators,
which are commonly used worldwide. It has developed widely
accepted Arbitration Rules, was instrumental in establishing
the Warsaw Convention, and has formulated an Intercarrier
Agreement on Passenger Liability, inter alia. IATA
also regulatesthe shipping of dangerous goods and publishes
the IATA Dangerous Goods Regulations manual, a globally accepted
field source reference for airlines shipping hazardous materials.
|
International
Chamber of Commerce: http://www.iccwbo.org/ |
| The
ICC was founded in 1919 to promote trade and investment, open
markets for goods and services, and the free flow of capital.
During WWII, ICC transferred its operations to neutral Sweden.
ICC
activities cover a broad spectrum, from arbitration and dispute
resolution to making the case for open trade and the market
economy system, business self-regulation, fighting corruption
or combating commercial crime. The ICC
International Court of Arbitration was founded in 1923. Since
1999, the Court has received new cases at a rate of more than
500 a year. The ICC is far from having a monopoly in arbitration,
however: other centres, including London and Stockholm have
set up flourishing arbitration courts which rival the ICC
in Paris.
ICC's
Uniform Customs and Practice for Documentary Credits (UCP
500) are the rules that banks apply to finance billions of
dollars worth of world trade every year.
ICC
Incoterms are standard international trade definitions used
every day in countless thousands of contracts. ICC model contracts
make life easier for small companies that cannot afford big
legal departments.
ICC
is a pioneer in business self-regulation of e-commerce. ICC
codes on advertising and marketing are frequently reflected
in national legislation and the codes of professional associations.
ICC
says that it has direct access to national governments all
over the world through its national committees. The organization's
Paris-based international secretariat feeds business views
into intergovernmental organizations on issues that directly
affect business operations. ICC also says that it is the main
business partner of the United Nations
and its agencies. It spreads business expertise at UN summits
on sustainable development, financing for development and
the information society. ICC provides business input to the
United Nations, the World Trade Organization, and many other
intergovernmental bodies, both international and regional.
16
ICC commissions of experts from the private sector cover every
specialized field of concern to international business. Subjects
range from banking techniques to financial services and taxation,
from competition law to intellectual property rights, telecommunications
and information technology, from air and maritime transport
to international investment regimes and trade policy.
Self-regulation
is a common thread running through the work of the commissions.
The conviction that business operates most effectively with
a minimum of government intervention inspired ICC's voluntary
codes. Marketing codes cover sponsoring, advertising practice,
sales promotion, marketing and social research, direct sales
practice, and marketing on the Internet. Launched in 1991,
ICC's Business Charter for Sustainable
Development provides 16 principles for good environmental
conduct that have been endorsed by more than 2,300 companies
and business associations.
In
1951 the International Bureau of Chambers of Commerce (IBCC)
was created. In 2001, on the occasion of the 2nd World Chambers
Congress in Korea, IBCC was renamed the World Chambers Federation
(WCF), clarifying WCF as the world business organization's
department for chamber of commerce affairs. WCF also administers
the ATA Carnet system for temporary duty-free imports, a service
delivered by chambers of commerce, which started in 1958 and
is now operating in over 57 countries.
Another
ICC service, the Institute for World Business Law was created
in 1979 to study legal issues relating to international business.
At the Cannes film festival every year, the Institute holds
a conference on audiovisual law.
In
the early 1980s, ICC set up three London-based services to
combat commercial crime: the International Maritime Bureau,
dealing with all types of maritime crime; the Counterfeiting
Intelligence Bureau; and the Financial Investigation Bureau.
A cybercrime unit was added in 1998. An umbrella organization,
ICC Commercial Crime Services, coordinates the activities
of the specialized anti-crime services.
ICC
says that it makes policy in:
Anti-Corruption
Arbitration
Banking Technique & Practice
Business in Society
Commercial Law & Practice
Competition
Customs & Trade Regulations
E-business, IT & Telecoms
Economic Policy
Environment & Energy
Financial Services & Insurance
Intellectual Property
Marketing & Advertising
Taxation
Trade & Investment Policy
Transport & Logistics
|
International
Fiscal Association: http://www.ifa.nl/index.htm |
The
International Fiscal Association (IFA) was established in
1938 with its headquarters in the Netherlands.Its objects
are the study and advancement of international and comparative
law in regard to public finance, specifically international
and comparative fiscal law and the financial and economic
aspects of taxation. Since the end of the second World War
IFA has played an essential role both in the development of
certain principles of international taxation and in providing
possible solutions to problems arising in their practical
implementation.
|
International
Monetary Fund: http://www.imf.org/ |
| The
IMF and its advisory sibling the OECD are the standard-bearers
of economic orthodoxy. It is arguable that the IMF, whose
primary stated purpose was exchange rate management, lost
its way after the system of fixed exchange rates broke down
under the weight of economic forces in the 1970s. Its high-water
mark may have been Denis Healey's famous return to London
in 1976 when the British Government had to accept humiliating
conditions for IMF support of the pound.
Nowadays,
even small countries feel able to defy the IMF's prescriptions,
which can loosely be labelled Keynesian rather than Friedmanite;
that's to say, dirigiste rather than liberal. Thus the tide
of economic fashion has turned against the IMF, which as a
proud (some would say, arrogant) international arbiter probably
finds it hard to encompass fiscal relaxation.
The
IMF's own (modernized) 'mission statement' is: 'The IMF is
an organization of 184 countries, working to foster global
monetary cooperation, secure financial stability, facilitate
international trade, promote high employment and sustainable
economic growth, and reduce poverty.'
Paradoxically,
the nation states which fund the IMF probably see it as actively
helpful towards their individual economic well-being; whereas
the reality is that it forms part of a developing global carapace
of regulation whose clutches individual member states are
no longer able to escape. From this aspect, the crucial work
of the IMF is standard-setting, an
activity shared by all of the 'multilaterals', including also
the World Bank and the Basle Committee on Banking Supervision
on a fiduciary level and the OECD in fiscal affairs, to mention
just the most prominent of global economic standard-setting
bodies.
Says
the IMF proudly of its role as a global financial policeman:
'The IMF and World Bank have endorsed internationally recognized
standards and codes in 12 areas as important for their work
and for which Reports on the Observance of Standards and Codes
(ROSCs) are prepared. Standards in the areas of data, fiscal
transparency, and monetary and financial policy transparency
have been developed by the Fund while others have been developed
by other standard setting bodies including the World Bank,
the Basel Committee on Banking Supervision, and the Financial
Action Task Force (FATF).
'ROSCs
are prepared and published at the request of the member country
by the IMF and/or World Bank in each of the 12 areas. ROSCs
covering financial sector standards are usually prepared in
the context of the Financial Sector Assessment Program. In
some cases, detailed assessments of countries' observance
of standards are also published.'
The
IMF has also given its name to a Code of Conduct that emerged
from persistent sovereign debt crises: The Principles for
Stable Capital Flows and Fair Debt Restructuring in Emerging
Markets. This was formulated in 2004 between the representatives
of emerging market countries and private sector creditors
11 .
The
future of the IMF is problematic, and it may not survive the
first half of the 21st century as an independent institution.
Says Timothy D Adams, Undersecretary for International Affairs,
US Treasury: 'The perception that the IMF is asleep at the
wheel on its most fundamental responsibility - exchange rate
surveillance - is very unhealthy for the institution and the
international monetary system.' Perhaps that's unfair: the
truth is that the market has taken over exchange rate management.
The IMF has played a useful part in helping the development
of sound fiscal regimes in many 1st, 2nd and 3rd world countries,
but its task is nearly done.
|
International
Securities Services Association: http://www.issanet.org/ |
| The
ISSA was formed in 1979 in order to create an organisation
able to collect and disseminate information on the developments
in the rapidly changing international securities markets,
and on the other hand to offer securities operations professionals
a forum to exchange ideas and issues of common interest.
As
early as 1988 ISSA published the ISSA 4 recommendations that
helped pave the way for many of the G30 recommendations of
1989. ISSA also monitored the progress on the G30 recommendations
over the years, and finally issued its own fully revised ISSA
Recommendations 2000.
In
2004 The Group of Thirty (G30) mandated ISSA to monitor 5
of the recommendations in its January 2003 report "Global
Clearing and Settlement: A Plan of Action."
|
International
Standards Organization: http://www.iso.org/iso/en
/ISOOnline.frontpage |
| The
ISO is the world's largest developer of standards. Although
ISO's principal activity is the development of technical standards,
ISO says that its standards also have important economic and
social repercussions. 'ISO standards make a positive difference,
not just to engineers and manufacturers for whom they solve
basic problems in production and distribution, but to society
as a whole.'
The
following paragraphs are adapted from the ISO's own published
material:
'ISO
is a network of the national standards institutes of 157 countries,
on the basis of one member per country, with a Central Secretariat
in Geneva, Switzerland, that coordinates the system. ISO occupies
a special position between the public and private sectors.
This is because, on the one hand, many of its member institutes
are part of the governmental structure of their countries,
or are mandated by their government. On the other hand, other
members have their roots uniquely in the private sector, having
been set up by national partnerships of industry associations.
'ISO
standards are useful to industrial and business organizations
of all types, to governments and other regulatory bodies,
to trade officials, to conformity assessment professionals,
to suppliers and customers of products and services in both
public and private sectors, and, ultimately, to people in
general in their roles as consumers and end users.
'ISO
standards contribute to making the development, manufacturing
and supply of products and services more efficient, safer
and cleaner. They make trade between countries easier and
fairer. They provide governments with a technical base for
health, safety and environmental legislation. They aid in
transferring technology to developing countries. ISO standards
also serve to safeguard consumers, and users in general, of
products and services - as well as to make their lives simpler.
'For businesses, the widespread adoption of International
Standards means that suppliers can base the development of
their products and services on specifications that have wide
acceptance in their sectors. This, in turn, means that businesses
using International Standards are increasingly free to compete
on many more markets around the world.
'For
customers, the worldwide compatibility of technology which
is achieved when products and services are based on International
Standards brings them an increasingly wide choice of offers,
and they also benefit from the effects of competition among
suppliers.
'For
governments, International Standards provide the technological
and scientific bases underpinning health, safety and environmental
legislation.
'ISO standards are voluntary. As a non-governmental organization,
ISO has no legal authority to enforce their implementation.
A certain percentage of ISO standards - mainly those concerned
with health, safety or the environment - has been adopted
in some countries as part of their regulatory framework, or
is referred to in legislation for which it serves as the technical
basis. Such adoptions are sovereign decisions by the regulatory
authorities or governments of the countries concerned; ISO
itself does not regulate or legislate. However, although ISO
standards are voluntary, they may become a market requirement,
as has happened in the case of ISO 9000 quality management
systems, or of dimensions of freight containers and bank cards.
'ISO - together with IEC (International Electrotechnical Commission)
and ITU (International Telecommunication
Union) - has built a strategic partnership with the WTO
(World Trade Organization) with the common goal of promoting
a free and fair global trading system. The political agreements
reached within the framework of the WTO require underpinning
by technical agreements. ISO, IEC and ITU, as the three principal
organizations in international standardization, have the complementary
scopes, the framework, the expertise and the experience to
provide this technical support for the growth of the global
market.
'The
WTO's Agreement on Technical Barriers to Trade (TBT) includes
the Code of Good Practice for the Preparation, Adoption and
Application of Standards. The TBT Agreement recognizes the
important contribution that International Standards and conformity
assessment systems can make to improving efficiency of production
and facilitating international trade. Therefore, where International
Standards exist or their completion is imminent, the Code
states that standardizing bodies should use them as a basis
for standards they develop. The Code requires that standardizing
bodies that have accepted its terms notify this fact to the
ISO/IEC Information Centre located at the ISO Central Secretariat.
Standardizing bodies having accepted the Code must publish
their work programmes and also notify the existence of their
work programmes to the ISO/IEC Information Centre. On behalf
of the WTO, ISO periodically publishes a Directory of standardizing
bodies that have accepted the WTO TBT Standards Code.
'ISO collaborates with its partners in international standardization,
the IEC (International Electrotechnical Commission) and ITU
(International Telecommunication Union). The three organizations,
all based in Geneva, Switzerland have formed the World Standards
Cooperation in order to better coordinate their activities,
as well as the implementation of International Standards.
'ISO
is one of the few non-governmental organizations having an
observer status in the World Trade Organization. Its contribution
is increasingly solicited in relation to the elimination of
technical barriers to trade.'
Although
the ISO does not overtly attempt to make ethical or societal
rules, its importance in the globalization process is very
clear. Labelling, health and safety, and environmental issues
are some of the areas in which its 'technical' standards must
necessarily confront or even establish prevailing social standards.
Already, it would be meaningless to talk about a national
technical standard in the face of the ISO's over-arching competence,
and it is difficult to see why a country would want to try.
The histories of mobile phones and video recorders provide
two examples of why global technical standards are both inevitable
and even desirable.
|
International
Swaps and Derivatives Association: http://www.isda.org/ |
| ISDA,
which represents participants in the privately negotiated
derivatives industry, is the largest global financial trade
association, by number of member firms. ISDA was chartered
in 1985, and today has over 750 member institutions from 52
countries on six continents. These members include most of
the world's major institutions that deal in privately negotiated
derivatives, as well as many of the businesses, governmental
entities and other end users that rely on over-the-counter
derivatives to manage efficiently the financial market risks
inherent in their core economic activities.
Since
its inception, ISDA has pioneered efforts to identify and
reduce the sources of risk in the derivatives and risk management
business. Among its most notable accomplishments are: developing
the ISDA Master Agreement; publishing a wide range of related
documentation materials and instruments covering a variety
of transaction types; producing legal opinions on the enforceability
of netting and collateral arrangements (available only to
ISDA members); securing recognition of the risk-reducing effects
of netting in determining capital requirements; promoting
sound risk management practices, and advancing the understanding
and treatment of derivatives and risk management from public
policy and regulatory capital perspectives.
The
2005 Novation Protocol offers parties to the various Master
Agreements published by ISDA an efficient means to agree to
a uniform process by which consents to transfer of interests
in Credit Derivative Transactions and Interest Rate Transactions
(Covered Transactions as defined in the Protocol) may be obtained.
The Protocol sets out a process by which the Transferor, the
Transferee and the Remaining Party will communicate prior
to or concurrent with a transfer by novation of a Covered
Transaction and anticipates that the transfer must be requested
and provided using one of the specified electronic means.
|
International
Telecommunications Union: http://www.itu.int/home/index.html |
| The
first International Telegraph Convention was signed in Paris
in 1865 by 20 founding members, and when the International
Telegraph Union (ITU) was established to facilitate subsequent
amendments to this initial agreement, it began, in its own
words, to draw up international legislation governing telephony.
The
invention in 1896 of wireless telegraphy was quickly followed
in 1906 by the signing (under the aegis of the ITU) of the
first International Radiotelegraph Convention, and the annex
to this Convention contained the first regulations governing
wireless telegraphy. These regulations, which have since been
expanded and revised by numerous radio conferences, are now
known as the Radio Regulations.
The
two conventions were combined in 1932 into the International
Telecommunication Convention. A number of associated committees
have responsibility for drawing up international standards,
including (1927) the International Radio Consultative Committee
(CCIR), (1924) the International Telephone Consultative Committee
(CCIF), (1925) the International Telegraph Consultative Committee
(CCIT). In 1956, the CCIT and the CCIF were merged to form
the International Telephone and Telegraph Consultative Committee
(CCITT)
In
1947 the ITU became a specialized agency of the United
Nations. At the same time, the International Frequency Registration
Board (IFRB) was established to coordinate the increasingly
complicated task of managing the radio-frequency spectrum;
in the same year, the Table of Frequency Allocations, introduced
in 1912, was declared mandatory. Radio frequency disputes
are dealt with internationally through ITU mechanisms.
Under
the Constitution of the International Telecommunication Union,
its purposes include:
-
To harmonize the actions of Member States and promote fruitful
and constructive cooperation and partnership between Member
States and Sector Members in the attainment of those ends;
-
To promote, at the international level, the adoption of
a broader approach to the issues of telecommunications in
the global information economy and society, by cooperating
with other world and regional intergovernmental organizations
and those non-governmental organizations concerned with
telecommunications.
In 1992, allocations were made for the first time to serve
the needs of a new kind of space service using non-geostationary
satellites, known as Global Mobile Personal Communications
by Satellite (GMPCS). The same year, spectrum was identified
for IMT-2000, the ITU-developed next-generation global standard
for digital mobile telephony. Due for commercial implementation
early in this new millennium, IMT-2000 will harmonize the
incompatible mobile systems currently in use around the world
while providing a technical foundation for new, high-speed
wireless devices capable of handling voice, data and connection
to online services such as the Internet.
The
legal framework of ITU comprises, in particular, the following
legal instruments of the Union, which have treaty status.
These instruments are:
- The
Constitution and Convention of the International Telecommunication
Union signed on 22 December 1992 (Geneva) and which entered
into force on 1 July 1994. Since their adoption in 1992,
the ITU Constitution and Convention have been amended by
Plenipotentiary Conferences (Kyoto, 1994; Minneapolis, 1998
and Marrakesh, 2002). Those amendments entered into force
on 1 January 1996, 1 January 2000 and 1 January 2004.
-
The Administrative Regulations (Radio Regulations and International
Telecommunication Regulations), which complement the Constitution
and the Convention. The last revision of the Radio Regulations
was signed on 4 July 2003 (Geneva), and the majority of
the provisions entered into force on 1 January 2005. The
International Telecommunication Regulations were signed
on 9 December 1988 (Melbourne), and entered into force on
1 July 1990.
The
ITU also established the World Telecommunication Policy Forum
(WTPF), which has worked on policy-making for global mobile
personal communications by satellite, on trade in telecommunication
services, and on Internet Protocol (IP).
From
an economic perspective, the ITU exercises highly developed
control over multiple aspects of pricing and tariff-setting.
It has published some hundreds of 'recommendations' on tariff
issues. To give the flavour, here are just the first few of
them:
-
General principles for the lease of international (continental
and intercontinental) private telecommunication circuits
and networks;
-
Principles for the lease of analogue international circuits
for private service;
-
Special conditions for the lease of international (continental
and intercontinental) sound- and television-programme circuits
for private service;
-
Costs and value of services rendered as factors in the fixing
of rates;
-
Concept and implementation of "one-stop shopping"
for international private leased telecommunication circuits;
-
Special conditions for the lease of international end-to-end
digital circuits for private service;
-
Private leasing of transmitters or receivers.
The
ITU is making attempts to assume responsibility for the management
of Internet Domain Names and addresses,
something that has so far been resisted by the Internet industry.
Says the ITU: 'Given ITU’s role in the development of
IP standards and protocols for IP-based networks, the (ITU)
called for greater partnerships with Internet standardization
organizations, governments, private sector and for a greater
outreach to developing countries.'
It
will be seen from this brief description of the ITU's work
that it encompasses a vast - and more or less complete - range
of communications technologies and sectors. The ITU's rule-book
stretches to thousands of standards and codes, which are mandatory
in most cases, since governments were and are the contracting
parties to the various conventions under which the ITU functions.
Other
than its role in radio frequency dispute resolution, the ITU
has not acquired much responsibility for telecommunications
dispute resolution, which is performed by a variety of organizations,
including WIPO, Arbitration Courts in
London, Stockholm and other places, the ICC, and the WTO,
not of course forgetting national court systems. However the
ITU does devote a great deal of attention to dispute resolution
issues through its publications and events. It may be expected
that as time goes by the ITU will acquire an expanded role
in dispute resolution.
The
ITU has also created a Telecommunications Regulators Network
(TRN), whose mandate is to develop regulators for the telecommunications
industry, especially for African economic development. The
TRN is part of the ITU's strategy to strengthen regulators
worldwide in a bid to offer increased communications services
to more of the world's people at affordable prices. The TRN
also fosters dialogue among regulators in the sector. The
network's objectives include:
- Improving
the exchange of information and experience among regulators
and other public and private entities, and,
-
Swapping of officials, technical staff and experts between
members for knowledge sharing and management.
For
a company operating in almost any aspect of telecommunications,
it is fair to regard the ITU as its most prominent regulator
in terms of the number and scope of rules and standards to
which it must adhere. Certainly, there are national telecommunications
regulators, and for European operators there is the EU; but
important as these are on some major policy issues, they are
comprehensively overshadowed by the ITU in terms of the regulation
of day-to-day operations.
|
Organization
for Economic Cooperation and Development: http://www.oecd.org/home/ |
| The
OECD (Organization for Economic Cooperation and Development)
is an organization which has power and influence out of all
proportion to its size. Like the Bretton Woods bodies, it
was founded after WWII as the Organisation for European Economic
Co-operation, in order to administer American and Canadian
aid under the Marshall Plan for the reconstruction of Europe
after World War II. It transmogrified into the OECD in 1961,
and has been described as 'an international organisation of
those developed countries that accept the principles of representative
democracy and a free market economy'. It has 30 members, including
all of the major economic powers other than Russia and China.
The
OECD says its vocation 'has been to build strong economies
in its member countries, improve efficiency, hone market systems,
expand free trade and contribute to development in industrialised
as well as developing countries.'
During
the 1960s and 1970s, the OECD, which is financed by its members,
and has no external source of income, grew a magnificent reputation
as an objective reporter on the economies of its members and
on economic trends in general. Sadly, it became a victim of
its own success, and began to be utilized as an instrument
of policy by its members. Some of this activity has been innocent
- who could complain about attempts to regularize tax
treaties or establish rules for pemanent establishments? But
much of it has not, and in the 1990s the OECD seemed to have
been captured by the 'left ascendancy' in a number of its
members (Blair, Schroder, Summers and, disgracefully, Chirac
come to mind), and set to work to defend the fiscal sovereignty
of high-taxing rich countries against 'offshore' and other
low-tax enemies. As a result, the OECD has successfully demonized
itself in most liberal minds.
The
OECD itself puts this process quite gracefully: 'After more
than four decades, the OECD is moving beyond a focus on its
own countries and is setting its analytical sights on those
countries - today nearly the whole world - that embrace the
market economy.'
The
changing political fortunes of the OECD do not however affect
its potency as a standard-setter,
particularly in fiscal matters and through its subsidiary
the FATF (Financial Action Task Force)
in the area of financial transparency (money laundering, to
be more blunt). Although it consists directly of only 30 members,
compared with the 150 in the WTO and the 184 in the IMF, its
members' domination of the world economy ensure that its writ
runs wide.
The
OECD has a extensive reach, in subject terms. The list of
the areas in which it professes an interest is vast:
Ageing Society - Agriculture, Food and Fisheries - Biotechnology
- Competition - Corporate Governance - Corruption - Development
- Economics - Education - Employment - Energy - Enterprise,
Industry and Services - Environment - Finance - Growth - Health
- Information and Communication Technologies - Insurance and
Pensions - International Migration - Investment - Public Governance
and Management - Regional, Rural and Urban Development - Regulatory
Reform - Science and Innovation - Social Issues - Sustainable
Development - Taxation - Trade - Transport
The
OECD has not issued standards or codes in all of these areas
by any means. But it would probably like to! Taking just the
first heading, 'Ageing Society', the organization invited
public comment on 'Draft guidelines on the funding and benefit
security of pensions' in 2006.
Of
course this raises the question of national and regional government.
The European Parliament and the European
Commission have got quite a lot to say about this subject,
not to mention the US Congress and the
national parliaments of European nations and the Japanese
Diet. But the straw is there, hanging in the wind. A multinational
company, swapping its executives between countries on a weekly
basis and with 200,000 employees in 50 countries, would be
only too happy to see one international code of practice for
its pensions provision. Who can doubt that one day, the OECD
(or one of its competitors, the World Bank, say) will become
the chosen instrument of national legislatures to come up
with a set of 'guidelines', which after five years will become
a 'Code', and in 10 years will be 'Regulations' with grandfather
clauses, sunset dates and all the rest?
|
World
Bank: http://www.worldbank.org/ |
| Like
the IMF, the World Bank has also metamorphosed from its original
conception: set up as a source of funds to underpin the reconstruction
of a battered Europe, it has become an instrument of international
do-goodery, heavily focused on developing economies, poverty
and the environment. If you want, it forms a part of the conscience
of the first world. No doubt this is a valuable role, although
many question the World Bank's methods. From a globaliser's
perspective, however, what is significant about the World
Bank is its involvement as noted above in standard-setting,
particularly in association with the IMF, under the general
rubric of the 'Bank/Fund Initiative on Standards and Codes'.
This
initiative was developed in the wake of the financial crises
of the late 1990s as part of a series of measures to strengthen
the international financial architecture. The international
financial community (says the Bank) considered that the implementation
of internationally recognized standards and codes would provide
a framework to strengthen domestic institutions, identify
potential vulnerabilities, and improve transparency.
The
Standards and Codes fall into a wide range of 12 subject areas,
but as an example we may take the World Bank Principles for
Effective Insolvency and Creditor Rights' Systems (2005),
which are described by the Bank as 'a distillation of international
best practice on design aspects of these systems, emphasizing
contextual, integrated solutions and the policy choices involved
in developing those solutions', and have been articulated
through the Insolvency and Creditor Rights Standard (2005).
Although
the Standard is yet just a draft proposal, there can be little
doubt that it will be adopted by the 184 member states of
the World Bank. What does this mean? That is nowhere explicitly
spelled out, and to be fair no-one probably really knows what
it will eventually mean. But the intentions of the IMF and
the Bank (so, the intentions of the 184 member governments)
are evidently that financial laws and transactions should
conform to the Standard. This has to
mean, eventually, that courts, whether national or international,
and parliaments in their law-making must conform to the Standard.
What
is most remarkable is that this avalanche of standards and
codes, extending over almost every aspect of economic life,
is ineluctably falling into place with no understanding or
supervision whatsoever from democratically-elected parliaments.
By the time they come face to face with the effects on the
ground, it will be far too late for them to anything about
it. That in itself is not necessarily a criticism of the process;
the Bank and the IMF are not shy about what they are doing,
and consult widely. It is fair to acknowledge that the resulting
regulation (for that is what it is) is well-considered and
state-of-the-art. Eminently fit for purpose, as they say nowadays.
And one can fairly add that alongside the developing global
armour of economic regulation (but perhaps a little behind)
grows a matching global arsenal of judicial procedures and
forums in which global regulation can be contested.
As
for the IMF, the future of the World Bank is likely to be
troubled, and it may find itself without an intervention role
in due time. Its rule-making role would then probably be subsumed
into another institution, or it might be transformed (once
again!) into a different type of organization.
Says
Ngaire Woods 12 : 'The challenge
for the IMF and the World Bank . . . . is economic policy
made in a more transparent, openly contested, publicly debated,
and democratic way. That process is likely to be messy, complex
and time-consuming; it will often thwart rapid reform, and
it will certainly marginalize the role of the IMF and the
World Bank.'
|
World
Intellectual Property Organization: http://www.wipo.int/portal
/index.html.en |
| WIPO
is dedicated to developing a balanced and accessible international
intellectual property (IP) system. It was established by the
WIPO Convention in 1967 with a mandate from its Member States
to promote the protection of IP throughout the world through
cooperation among states and in collaboration with other international
organizations. Its headquarters are in Geneva, Switzerland.
The
World Intellectual Property Organization Copyright Treaty,
abbreviated as the WIPO Copyright Treaty, was an international
treaty on copyright law adopted by the member states of the
World Intellectual Property Organization (WIPO) in 1996. It
provides additional protections for copyright deemed necessary
due to advances in information technology since the formation
of previous copyright treaties before it.
It
ensures that computer programs are protected as literary works
in its fourth article, and that the arrangement and selection
of material in databases is protected in its fifth.
It
provides authors of works with control over their rental and
distribution in Articles 6 to 8 which they may not have under
the Berne Convention alone. It also prohibits circumvention
of technological measures for the protection of works as stated
in Article 11 and unauthorised modification of rights management
information contained in works in Article 12.
The
WIPO Copyright Treaty is implemented in United States law
by the Digital Millennium Copyright Act (DMCA). By Decision
of 16 March 2000, the European Council approved the treaty,
on behalf of the European Community. European Union Directives
91/250/EC creates copyright protection for software and 96/9/EC
for database protection and European Copyright Directive 2001/29/EC
prohibits devices for circumventing "technical protection
measures" such as digital rights management largely cover
the subject matter of the treaty.
However,
the WIPO Copyright Treaty made no reference to copyright term
extension beyond the existing terms of the Berne Convention,
but there was a degree of association. This was because the
United States Congress passed both the
Digital Millennium Copyright Act and Sonny Bono Copyright
Term Extension Act, which enacts copyright term extension
during the same week and used the same method using voice
vote to make it less likely that the news media would report
on the bills, in addition, the European
Union adopted its own copyright term extension around the
same time.
WIPO was instrumental in bringing about the Agreement
on Trade Related Aspects of Intellectual Property Rights
(TRIPS) which sets down minimum standards for forms of intellectual
property (IP) regulation. The administration of TRIPS falls
under WTO rule, and countries joining
the WTO have to sign up to TRIPS.
TRIPS covers copyright, including the rights of performers,
producers of sound recordings and broadcasting organisations;
geographical indications, including appellations of origin;
industrial designs; integrated circuit layout-designs; patents;
monopolies for the developers of new plant varieties; trademarks;
trade dress; and undisclosed or confidential information.
TRIPs also specifies enforcement procedures, remedies, and
dispute resolution procedures.
The
TRIPS agreement introduced intellectual property law into
the international trading system for the first time, and remains
the most comprehensive international agreement on intellectual
property to date.
Many of the TRIPS provisions on copyright were imported from
the Berne Convention for the Protection of Literary and Artistic
Works and many of its trademark and patent provisions were
imported from the Paris Convention for the Protection of Industrial
Property.
|
World
Trade Organization: http://www.wto.org/ |
| The WTO is
arguably the most important, if the smallest, of all the international
economic organisations. It has existed as such only from 1995,
but it had evolved by degrees out of the GATT (General Agreement
on Trade and Tariffs), founded in 1947
as a forum
for negotiating lower customs duty rates and other trade barriers,
as one of the 'Bretton Woods' organizations.
The
World Trade Organization is the subject of Chapter Eight.
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