SEMINAR ON TRADE, DEVELOPMENT, AND LAW

IN THE CONTEXT OF THE POST-2015 DEVELOPMENT AGENDA

AND FINANCING FOR DEVELOPMENT

Organized by the Chair of the 47th Session of UNCITRAL

Ambassador HAHN Choong-hee (Republic of Korea)
Co-hosted by the Permanent Mission of the Republic of Korea, the Permanent Mission of
Italy, the Permanent Mission of the Republic of Croatia, UNCTAD and UNCITRAL

Date : Tuesday, 23 June 2015

Time : 10:30 am to 1:00 pm
Venue: Diplomat Ballroom, Millennium Hotel, One United Nations Plaza

It is widely acknowledged that outcomes of the consultations on Post-2015 Development Agenda

and intergovernmental negotiations of Financing for Development will play a central role in
shaping development thinking in the coming years. The ability to adequately finance the Post2015 Development Agenda depends on global development cooperation, domestic resource
mobilization, private sector engagement, and well-functioning legal frameworks.
International trade can play a driving role in hatching the egg of the Post-2015 era, as it is
highlighted as a primary means of mobilizing resources and a powerful engine for sustainable
development and poverty alleviation especially for developing countries. As such, trade can
catalyze, support and supplement many of the sustainable financing instruments proposed in the
intergovernmental negotiations on Financing for Development. The establishment of a truly
universal, rules-based, open, non-discriminatory and equitable trading system is a key way to
expand markets, connect the poor to them, and prevent flights to protectionism. Participating in
international trade can widen the economic space needed to create new job opportunities;
promote efficient use of resources; increase access to food, energy and basic services; and
improve productive, managerial and entrepreneurial capacity required for economic
diversification, growth and development.
At the same time, to deliver results on the ground and sustain healthy cycles of investment,
production and consumption, trade and investment must be linked to markets that function

efficiently and fairly at the global level. As recognized in the Financing for Development
negotiations, effective policy frameworks and laws are essential to attract investment and
stimulate entrepreneurship in international markets and the global economy. The significance of
legal engagement in trade can also be found in the Declaration of the High-level Meeting of the
General Assembly on the Rule of Law at the National and International Levels, in which States
recognized the importance of fair, stable and predictable legal frameworks for generating
inclusive, sustainable and equitable development, economic growth and employment, generating
investment and facilitating entrepreneurship (resolution 67/1, para. 8). A well-adjusted legal
framework, at both international and domestic levels, can provide legal certainty, decrease
commercial risks and transaction costs, and build confidence in doing business domestically and
across borders, which should in turn stimulate commerce and the flow of investment,
development and financing.
Effective policy and legal frameworks at the national and international levels are needed to steer
economies to cleaner production, ensure an equitable sharing of trade's benefits, protect the
environment, and prevent cultural erosion. In addition to these benefits, structuring good
governance for trade and development with the fundamental bases of a harmonized and
modernized legal framework can have positive impacts on economic, environmental and social
systems. Given the central role of the global economys pillars of trade, development and law, it
is critical that final negotiations result in outcomes that give due weight to these pillars so that
sustainable and inclusive development can be achieved globally, across and within countries.
All in all, Trade, Development, and Law deserves to receive the utmost attention in the
consultations and negotiations on the Post-2015 Development Agenda and Financing for
Development. The Permanent Mission of the Republic of Korea to the United Nations, the
Permanent Mission of Italy, the Permanent Mission of the Republic of Croatia, UNCTAD, the
UNCITRAL Secretariat, and the Chair of the 47th Session of UNCITRAL intend to enhance
awareness on the significance of the aforementioned three pillars.
After the opening remarks by H.E. Mr. Oh Joon, Permanent Representative of the Republic of
Korea to the United Nations, and welcoming remarks by H.E. Mr. Stephen Mathias, Assistant
Secretary-General, United Nations Office of Legal Affairs, this seminar stretches its step to
explore trailblazing discussions on:
-

Trade and Law;

Trade and Development; and
Trade, Development, and Law in Post-2015 Development Agenda & FfD

Trade and Law, Session I, will be moderated by H.E. Mr. Inigo Lambertini, Deputy Permanent
Representative of Italy to the United Nations and presented by the distinguished panelists, Mr.
Timothy Lemay, Principal Legal Officer, UNCITRAL Secretariat; Mr. Muna Ndulo, Professor of
Law, Cornell Law School; and Mr. Edric Selous, Director, UN Rule of Law Unit.

Trade and Development, Session II, will be moderated by H.E. Mr. Vladimir Drobnjak,
Permanent Representative of the Republic of Croatia to the United Nations, and presented by the
distinguished panelists, Mr. Robert Hamwey, Representative of UNCTAD; Ms. Judit Arenas,
Director - External Relations and Deputy Permanent Observer to the United Nations, IDLO; and
Ms. Alice Tipping, Senior Programme Officer, ICTSD.
Trade, Development, and Law in Post-2015 Development Agenda & FfD, Session III, will be
moderated by H.E. Mr. Hahn Choong-hee, Chair of the 47th Session of UNCITRAL, Deputy
Permanent Representative of the Republic of Korea to the United Nations, and presented by the
distinguished panelists, H.E. Mr. Lenni Montiel, Assistant Secretary-General for Economic
Development, UN DESA; and Mr. Pedro Conceio, Director, Strategic Policy at BPPS, UNDP.
The meeting will be held on Tuesday, 23 June 2015, from 10:30 am to 1:00 pm at Diplomat
Ballroom, Millennium Hotel, One United Nations Plaza (on 44th Street, between 1st & 2nd
Avenues). A luncheon will be served after the seminar.
This event is sure to provide participants with a good opportunity to share experiences and
opinions with experts on trade, development, and law in the Context of the Consultations and
Negotiations on the Post-2015 Development Agenda and the Third International Conference on
Financing for Development.

PROGRAMME
10:00-10:30
(30 min)

10:30-10:40
(10 min)

10:40-11:30
(50 min)

Registration
Coffee and light refreshments will be served.
Opening
Opening remarks by H.E. Mr. Oh Joon, Permanent Representative of
the Republic of Korea to the United Nations
Welcoming remarks by H.E. Mr. Stephen Mathias, Assistant Secretary-General,
United Nations Office of Legal Affairs
Session I: Trade and Law
Moderator: H.E. Mr. Inigo Lambertini, Deputy Permanent Representative
of Italy to the United Nations
- Mr. Timothy Lemay, Principal Legal Officer, UNCITRAL Secretariat
- Mr. Muna Ndulo, Professor of Law, Cornell Law School
- Mr. Edric Selous, Director, UN Rule of Law Unit
Followed by interactive discussions and Q&A

11:30-12:20
(50 min)

Session II: Trade and Development

Moderator: H.E. Mr. Vladimir Drobnjak, Permanent Representative
of the Republic of Croatia to the United Nations
- Mr. Robert Hamwey, Representative of UNCTAD
- Ms. Judit Arenas, Director - External Relations and Deputy Permanent Observer
to the United Nations, IDLO
- Ms. Alice Tipping, Senior Programme Officer, ICTSD
Followed by interactive discussions and Q&A

12:20-13:00
(40 min)

Session III: Trade, Development, and Law in Post-2015 Development

Agenda and FfD
Moderator: H.E. Mr. Hahn Choong-hee, Chair of the 47th Session of UNCITRAL,
Deputy Permanent Representative of the Republic of Korea to the United Nations
- H.E. Mr. Lenni Montiel, Assistant Secretary-General for Economic Development,
UNDESA
- Mr. Pedro Conceio, Director, Strategic Policy at BPPS, UNDP
Followed by interactive discussions and Q&A

13:00-14:30
(90 min)

Luncheon

SPEAKERS & PANELISTS

OPENING
AMBASSADOR OH JOON
Oh Joon is a career diplomat who has served the Republic of Korea in various posts. He has
been appointed as Ambassador and Permanent Representative of Korea to the United Nations in
New York. Prior to this position, he was Ambassador of the Republic of Korea in Singapore
from 2010-13 and Deputy Minister for Multilateral and Global Affairs in the Ministry of Foreign
Affairs and Trade in Seoul from 2008-10. From 2005 to 2007, he was Ambassador and Deputy
Permanent Representative at the Permanent Mission of Korea to the United Nations in New York.
Ambassador Oh served as Chairman of the United Nations Disarmament Commission (UNDC)
for the 2006 session, in addition to representing the Republic of Korea in many meetings of the
UN bodies. During the Korean Presidency of the 56th session of the UN General Assembly from
2001 to 2002, he worked in the Presidents office as Deputy Chef de Cabinet. From 2003 to 2005,
he was Director-General for International Organizations at the Korean Foreign Ministry. During
this time, he also chaired the Missile Technology Control Regime (MTCR) from 2004 to 2005.
He joined the Korean Ministry of Foreign Affairs in 1978 and has served as Special Adviser to
the Foreign Minister (2007-08); Minister, ROK Embassy in Brazil (2002-2003); Deputy
Director-General for Policy Planning (1999-2001); Counselor, ROK Embassy in Malaysia (199799); and Director, United Nations Division (1995-97). The ROK Government awarded him an
Order of Service Merit twice, first the Order of Green Stripes in 1996 and the Order of Yellow
Stripes in 2006. He received an M.A. in International Policy Studies from Stanford University
(1991-92); a Diploma in International and Comparative Politics from the London School of
Economics and Political Science (1982-83); and a B.A. in French Literature from Seoul National
University (1974-78). He was a Visiting Scholar at the Hoover Institution at Stanford University
(1990-91). Ambassador Oh has also been a member of the Korea Agenda Council of the World
Economic Forum (WEF) since 2010.

MR. STEPHEN MATHIAS

Stephen Mathias was appointed as Assistant Secretary-General for Legal Affairs on 1
September 2010 by United Nations Secretary-General Ban Ki-moon. In this position, Mr.
Mathias is the head of the Office of the Legal Counsel and assists in the overall supervision of
each of the units of the Office of Legal Affairs. Prior to his appointment as Assistant SecretaryGeneral for Legal Affairs, he was the Director of the General Legal Division in the Office of
Legal Affairs. Before joining the United Nations, he served at the United States State
Department for 20 years. From 1992-1996, Mr. Mathias was the Counsellor for Legal Affairs at
the United States Embassy in The Hague, where a focus of his work was the start-up phase of the
International Criminal Tribunal for the former Yugoslavia. From 2004-2007, he served as

General Counsel to the Multinational Force and Observers, which supervises the implementation
of the Security Annex to the Peace Treaty between Egypt and Israel. Before joining the public
sector, Mr. Mathias worked from 1981-1987 in private legal practice at Milbank, Tweed, Hadley
& McCloy. He is a graduate of the School of Foreign Service at Georgetown University and
Columbia Law School. Mr. Mathias has taught as an adjunct professor at Georgetown University
Law Center and is a member of the American Society of International Law and the Council on
Foreign Relations.

SESSION I
AMBASSADOR INIGO LAMBERTINI
Inigo Lambertini currently serves as the Deputy Permanent Representative to the Mission of
Italy. He also acts as Vice General Manager/Director for the Internationalization of the System
Country and Regional Autonomy. In 2007, he was appointed to the Head of the Task Force in
Paris to support the campaign candidature of the city of Milan. This campaign was proven
successful in the General Assembly of the BIE held in Paris on March 31, 2008. Circa 2005,
Lambertini served as a First Counselor to the Permanent Mission to the OECD in Paris. Mr.
Lambertini graduated with a degree in International Law at the University Federico II of Naples
June 28 (1993). He was the recipient of a scholarship of CNR at the Universit Libre de
Bruxelles for search on the new Law International Maritime and the winner of the Diplomatic
Competition.

MR. TIMOTHY LEMAY

Timothy Lemay is Principal Legal Officer and Head of the Legislative Branch of the
International Trade Law Division / Office of Legal Affairs, the Secretariat of UNCITRAL (the
United Nations Commission on International Trade Law) based in Vienna. He has also served as
Secretary of UNCITRALs Working Group III (Online Dispute Resolution). Before joining
UNCITRAL in July 2009, he served as Chief of the Governance, Human Security and Rule of
Law Section of UNODC (the United Nations Office on Drugs and Crime), prior to which he was
Chief of UNODCs Global Programme against Money Laundering. Tim joined the UN in 1995
following a career as a lawyer in Canada in private practice, with the Attorney General of Nova
Scotia and latterly with Canadas Department of Justice in Toronto. He is a graduate of Dalhousie
Law School and a member of the International Bar Association as well as several bar associations
in Canada.

MR. MUNA NDULO

Muna Ndulo is a Professor of Law, Elizabeth and Arthur Reich Director, Leo and Arvilla Berger
International Legal Studies Program Cornell Law School, and Director of the Cornell
Universitys Institute for African Development. He is also Honorary Professor of Law, Faculty of
Law, University of Cape Town and Extra Ordinary Professor of Law, Free State University. He
was formerly Professor of Law and Dean of the School of Law, University of Zambia. He served
as Legal Officer in the International Trade Law Branch of the United Nations Commission on
International Trade Law (UNCITRAL) from 1986 to 1995. He has carried out several UN
assignments, including serving as Political and Legal Adviser with the United Nations Mission
Observer Mission in South Africa (UNOMSA) and to the Special Representative of the United
Nations Secretary-General to South Africa from 1992 to1994, Kosovo (2000), Afghanistan (2003)
and East Timor (1999). More recently he has been a consultant to the constitution-making
processes in Kenya, Somalia, and Zimbabwe. He has published 14 books and over 100 articles in
academic journals. He is the founder of the Southern African Institute for Policy and Research
(SAIPAR) Professor Ndulo graduated in law at the University of Zambia with an LLB degree
and subsequently earned an LL.M. at Harvard University and a D.Phil. at Oxford University.

MR. EDRIC SELOUS

Edric Selous is the Director of the Rule of Law Unit in the Executive Office of the SecretaryGeneral. He is the principal adviser on United Nations strategic policy on strengthening the rule
of law, ensuring greater coordination and coherence in the United Nations systems rule of law
activities and supporting the inter-governmental dialogue on the rule of law with Member States,
the General Assembly and the Security Council. Mr. Selous is a qualified attorney and before
joining the United Nations Department of Peacekeeping Operations in 1993, he practiced law in a
London firm. His career with the United Nations has spanned legal and policy positions both at
Headquarters and in the Field, with a focus on conflict affected and fragile States, particularly in
the Balkans region and the Middle East.

SESSION II
AMBASSADOR VLADIMIR DROBNJAK
Vladimir Drobnjak has served as the Permanent Representative of Croatia to the United Nations
since August, 2013. This year he has served as Co-Chair of the Ad-hoc Working Group of the
Revitalization of the Work of the UN General Assembly. In 2014, He acted as the Chair of the
UN Disarmament Commission, Vice-President of Economic and Social Council (ECOSOC), and
Vice-President of the UN peace building Commission. Prior to becoming a Permanent
Representative of Croatia to the United Nations, Mr.Drobnjak served as an Ambassador of

Croatia(circa 1995) and Head of the Mission of Croatia to the European Union(2012-2013). As
Chief Negotiator in 2012, he was vital in the negotiations on the accession of Croatia to the
European Union. In addition Drobnjak served as Assistant Minister in the Ministry of Foreign
Affairs, Head of the division for Multilateral Affairs. Mr. Drobnjak attended JD University of
Zagreb and the School of Law of the University of Zagreb, Croatia. He was the recipient of
several awards including the Golden Pen Award of the Croatian Journalist Association (1984),
the Medal of Homelands Gratitude (1996) and the Memorial Medal Vukovar (1998).

MR. ROBERT HAMWEY

Robert Hamwey, from UNCTAD's Division of International Trade, brings over 20 years of
experience on trade, environment and development issues to our discussions. In addition to 14
years of work with UNCTAD, he has worked with UNEP in Geneva, UNESCWA in Beirut, and
served as a Fulbright Fellow working on environmental issues in the Middle East. Robert holds a
Ph.D. in Natural Sciences from Dartmouth College.

MS. JUDIT ARENAS

Judit Arenas is the Deputy Permanent Observer to the United Nations in New York and Director
of External Relations for the International Development Law Organization (IDLO) where she
leads IDLOs external positioning as the only intergovernmental organization focused
exclusively on promoting the rule of law. She leads IDLOs advocacy, government relations,
public affairs and strategic communication efforts to contribute to build a culture of justice. Prior
to joining IDLO, she was a vice president at APCO Worldwide, providing Fortune 500
companies, governments and trade associations with strategic counsel on market entry, corporate
social responsibility and sustainability. She was also responsible for company-wide initiatives
such as APCOs membership of the UN Global Compact, its pro bono support of the Clinton
Global Initiative and the companys work to support womens empowerment. From 2001 to 2010,
Ms. Arenas worked for Amnesty International including as chef de cabinet to its Secretary
General and Global Media Director, leading major campaigns in over 40 countries.

MS. ALICE TIPPING

Alice Tipping is a Senior Programme Officer and leads the ICTSDs Environment and Natural
Resources programme. Prior to joining the ICTSD, she worked as a diplomat and legal adviser in
the New Zealand Ministry of Foreign Affairs and Trade. She has served in New Zealands
Mission to the World Trade Organisation in Geneva, where she covered negotiations on trade
remedies, including fisheries subsidies, trade and the environment and the WTOs dispute
settlement system. She has also served in New Zealands Mission to the United Nations in

Geneva, covering several UN specialised agencies and environmental issues. Ms Tipping has also
worked as a research and strategy analyst in foreign direct investment promotion. She holds an
MPhil in International Relations from Cambridge University. She also holds a Bachelor of Laws
degree and a Bachelor of Commerce degree, with a major in Economics, from Victoria
University of Wellington. Alice is citizen of the United Kingdom and New Zealand.

SESSION III
AMBASSADOR HAHN CHOONG-HEE
Hahn Choong-hee is currently Ambassador and Deputy Permanent Representative of the
Republic of Korea to the United Nations in New York (2014-). He is also sitting as the
Chairperson of the 47th Session of the United Nations Commission on International Trade Law
(UNCITRAL) with 1 year term from July 2014 to June 2015. Ambassador HAHNs major
positions in the Ministry of Foreign Affairs include Director-General for Cultural Affairs (20122014), Sous-sherpa and Spokesman for the 2012 Seoul Nuclear Security Summit (2011-2012),
Director-General for Human Resources (2010), and Deputy Director-General for North Korean
Nuclear Affairs (2007-2008). Ambassador Hahn also served in the Ministry as Director for North
American Affairs (2005-2007) and was Director for Policy and DPRK at the Korean Peninsula
Energy Development Organization (KEDO) in New York (2002-2005). As a career diplomat, his
areas of expertise include North Korean nuclear affairs, nuclear non-proliferation, regional
architecture surrounding the Korean Peninsula and Northeast Asia, North American, European
and African affairs, as well as public diplomacy. He also served at the Korean Embassy in
Washington, D.C. (1991-1994), Lagos (1994-1996), Vienna (1999-2002), and Paris (2008-2010).

MR. LENNI MONTIEL

Lenni Montiel was appointed as Assistant Secretary-General for Economic Development in the
Department of Economic and Social Affairs and took office on 16 January 2015. With almost thirty
years of experience, Mr. Lenni Montiel has held strategic positions within the Government of
Venezuela and in several international organizations. Throughout his career he has been systematically
involved in policy making and analytical work on issues related to economic development. As Director
in the Ministry of Planning and in the Ministry of Family Affairs, he contributed to the design of
government policies in Venezuela; he was also the lead economist in the team that created the Social
Investment Fund of Venezuela in the early 1990s. He also served as Counsellor to the Executive
Director for Venezuela and Panama at the Board of Directors of the Inter-American Development
Bank. At the UN, Mr. Montiel has built a career as economic and policy adviser to both senior
government officials at national and local levels and he has worked in several countries and in different
capacities. He was UN Resident Coordinator in Turkmenistan and provided long term policy support to
national development efforts in Vietnam, Ukraine, Belarus, Bolivia, Chile, Colombia, Ecuador, Costa

Rica, Kazakhstan, Mauritius, Peru, Romania and the Territory of Kosovo. At the Bureau for
Development Policy in UNDP in New York, Mr. Montiel was a Senior Policy Adviser leading large
teams of policy advisers working around the globe through the management of several professional
communities of practice. He was the architecture and Network Facilitator of LOGOV- Innovations in
Local Governance Electronic Initiative, that was acknowledged as a Good Practice in the 1998
UNCHS-HABITAT Best Practice International Award. Since 2012, Mr. Montiel worked as Director
for Economic, Social and Development Affairs in the Executive Office of the Secretary-General,
leading the analytical work in the area of economic and development affairs. Mr. Montiel was trained as
an economist in the former Soviet Union, where he received his first university degree and a MSc in
Economics National Planning from the Belorussian National Institute of National Planning. He
strengthened his academic and research capacities by obtaining a PhD in Public Policy from
Birmingham University and a MA on Legislative Studies from the University of Hull in the United
Kingdom.

MR. PEDRO CONCEIO

Pedro Conceio has been Director of Strategic Policy at UNDP's Bureau for Policy and
Programme Support since October 2014. Before that, he was Chief-Economist and Head of the
Strategic Advisory Unit at UNDP's Regional Bureau for Africa (from 1 December 2009). Prior to
this, Mr. Conceio was Director of the Office of Development Studies (ODS) from March 2007
to November 2009, and Deputy Director of ODS, from October 2001 to February 2007. His work
on financing for development and on global public goods was published by Oxford University
Press in books he co-edited (The New Public Finance: Responding to Global Challenges, 2006;
Providing Global Public Goods: Managing Globalization, 2003). He co-edited several books on
the economics of innovation and technological change, including: Innovation, Competence
Building, and Social Cohesion in Europe-Towards a Learning Society (Edward Elgar, 2002) and
Knowledge for Inclusive Development (Quorum Books, 2001). Mr. Conceio has published,
amongst others journals, in the African Development Review, Review of Development
Economics, Eastern Economic Journal, Ecological Economics, Environmental Economics and
Policy Studies, and Technological Forecasting and Social Change. Prior to coming to UNDP, he
was an Assistant Professor at the Technical University of Lisbon, Portugal, teaching and
researching on science, technology and innovation policy. Mr. Conceio is a Portuguese national
and holds degrees in Physics and in Economics from the Technical University of Lisbon and a
PhD in Public Policy from the Lyndon B. Johnson School of Public Affairs at the University of
Texas at Austin, with a Fulbright scholarship.

Opening Remarks
by H.E. Mr. Oh Joon,
Permanent Representative of the Republic of Korea

Excellencies, distinguished speakers, colleagues, Ladies and Gentlemen,

I would like to welcome you all to this important seminar on Trade, Development, and Law in
the context of the Post-2015 Development Agenda and Financing for Development (FfD). In my
capacity as a vice President of ECOSOC, I appreciate the timely topic chosen for discussion
today - synergies between economic, social and legal dimensions of development. I would also
like to thank the co-host Missions, Croatia and Italy as well as UNCTAD, UNCITRAL, and, in
particular, Ambassador Hahn Choong-hee, Chair of the 47th session of UNCITRAL.
Excellencies, Ladies and Gentlemen,
Currently, two crucial discussions are taking place within the United Nations, seeking ways to
achieve sustainable development in future decades in the spirit of global partnership and
solidarity. One is a transformative Post-2015 Development agenda, and the other is for the
methods of Financing for Development. In both discussions, Trade, Development, and Law are
an important element.
First, Trade has been referred to as a primary means of mobilizing resources and a powerful
engine for economic growth, sustainable development and poverty reduction. The significance of
trade is stressed in Goal 17 of the report of the Open Working Group on Sustainable
Development Goals
Second, enhanced cooperative efforts for sustainable development will serve as a vehicle to
ensure that prosperity is shared equitably by all countries, with the concerns of people and the
planet taking center stage. This is essential for the future of the next generations on this planet,
where, we hope, poverty and hunger will no longer exist.
Third, a well-adjusted legal framework, at both international and domestic levels, is to play an
important role in sustainable development. In particular, a harmonized and modernized
international trade law framework is like oil for an engine essential for trade, investment,
entrepreneurship and development.
As such, Trade, Development and Law can all be found in the draft outcome documents of the
Post-2015 and FfD negotiations. However, their synergistic effect has yet to be properly

demonstrated. This is the time to explore the linkage in the context of the implementation of the
Post-2015 Agenda and FfD, and that is why this seminar is meaningful and timely.
I look forward to intensive discussions and thought-provoking ideas from this exercise.
I thank you all again for joining us today. /END/

Welcoming remarks
by H.E. Mr. Stephen Mathias
Assistant Secretary-General for Legal Affairs

Mr. Chairman, Distinguished Guests,

On behalf of the Legal Counsel and Under Secretary-General for Legal Affairs, Mr. Miguel de
Serpa Soares, let me begin by thanking you and your colleagues for organizing this seminar.
Ambassador Hahn, I congratulate you as well on your successful year as Chair of UNCITRAL
for its 47th session, a session marked by the adoption of the UN Convention on Transparency in
Treaty-based Investor-State Arbitration that, together with the UNCITRAL Transparency Rules,
provides a balanced mechanism for bringing greater openness and public awareness to the
resolution of international investment disputes. The importance of transparency in a field
involving significant matters of public interest cannot be overstated.
Sir, your vision, in bringing issues of harmonisation and modernisation of the law of international
trade to the discussions of the post-2015 development agenda and financing for development, has
served to enrich that effort. The trade-related focus of much of the post-2015 agenda debate was
on issues of WTO trade policies, aid for trade, tariffs, subsidies, quotas and related matters. There
was not so much talk about the importance of eliminating non-tariff barriers to trade, in the form
of outdated and divergent commercial law frameworks at the national level. These operate to
impede the flow of investment, finance, technology transfer and innovation that are necessary for
sustainable development. Bringing these matters to the table has been an important contribution.
Reducing or removing legal obstacles to the flow of international trade is the mandate of
UNCITRAL, a body nearing its 50th anniversary and for which the International Trade Law
Division, a unit of the Office of Legal Affairs, serves as Secretariat. When UNCITRAL was
conceived in 1966, States recognized that promoting the establishment of rules fostering
international trade was one of the most important factors in economic development. They also
recognised the wider role of international trade, in particular for the promotion of friendly
relations, and consequently for the maintenance of peace and security. They believed that the
interests of all peoples, and particularly those of developing countries, demand conditions that
better favour the development of international trade. UNCITRALs role in the development of
the law of international trade was envisaged in that context.
Those considerations, that led to the creation of UNCITRAL, have stood the test of time, and are
as relevant today as they were then. People are at the centre of sustainable development, a point
made in the Secretary-Generals report of last year: "The road to dignity by 2030" (A/69/700),
which synthesised the full range of inputs to the post-2015 development agenda. The report also

emphasises the central elements of an integrated sustainable development agenda - dignity,

people, prosperity, planet, justice and partnership and the need for a coherent framework for the
means of implementation.
The range of speakers present today - from member States, UN and non-UN bodies and academia
- reflects the reality that implementing an integrated, universal and transformative sustainable
development agenda will depend on the collaboration of many stakeholders, and on partnerships
between the public and private sectors and people.
This seminar is a small but worthy contribution to that end, highlighting that even such a highly
specialised area as the law of international trade, not always so visible in UN debates and the
political agendas of States, demands serious attention if we want to achieve the ambitious goals
set by the post-2015 development agenda.

Please accept my best wishes for a successful event.

Thank you.

(unofficial) Summary of the Seminar

OPENING REMARKS
H.E. Mr. Oh Joon (Permanent Representative of Korea) opened the event by emphasizing that
there were many inter-linkages between trade, development and law to be found in both the Post2015 agenda, as well as the Financing for Development (FfD) processes.
H.E. Mr. Stephen Mathias (OLA) pointed out that reducing and removing legal obstacles to
international trade was the mandate of UNCITRAL. He stressed the importance of elements of
the Post-2015 agenda such as dignity, prosperity, justice and partnership, linking them to the
session, and naming it a timely event. He highlighted that the specialized area of international
trade, which was not always visible in the international field, demanded serious attention if the
ambitious goals of the agenda were to be achieved.
SESSION I: TRADE AND LAW
H.E. Mr. Inigo Lambertini (Permanent Representative of Italy) highlighted that trade was a
powerful way to connect people around the world, and eventually elevating them out of poverty.
He stressed the role of small and medium enterprises (SMEs). Trade and law were said to be
essential in building a structure of credibility and mutual trust.
Mr. Timothy Lemay (UNCITRAL) said that UNCITRAL could make a contribution to all three
pillars of the UN, by ending poverty, promoting sustained economic growth, employment and
peaceful societies. Outlining the current issues that UNICITRAL works on (international
arbitration, e-commerce, cross boarder insolvency, online dispute resolution, public
procurement, and contracts for the carriage of goods by sea), he stressed that facilitating trade,
investment and business through modernizing law was crucial. He highlighted that commercial
law reform was needed, since good contracts were not all it took to push the SDGs forward to
keep pace with international developments in general. He stated that a sound and solid
commercial legal framework should involve the continuation of local capacity of commercial law
issues, experts that understand and uniformly apply the new commercial law when it comes to
dispute resolution, accessible and efficient dispute resolution and public education by translating
international standards into local standards.
Mr. MunaNdulo (Cornell Law School) introduced his speech by highlighting the rule of law
and the importance of governance for institutional commerce. International (aligned with) and
domestic legal systems should ensure efficient trade. He highlighted that UNCTAD had already
established long ago that weak infrastructure had a serious implications on trade and thus on
people directly. The harmonization of the international legal framework and the elimination of
legal barriers on trade were critical. Diversity of rules, applied in different countries and contexts
could lead to problems for international commercial transactions and unfair judgments. Trade
needed a (reformed) legal framework on procurement, distribution agreements, public
procurement etc. to address this issue. He highlighted that rethinking the treatment of insolvency
was critical. FDI could make a key contribution to sustainable development. He emphasized that
private sector and public-private partnerships (PPPs) played an increasing role, while rules were
needed for e.g. allocating of risks and the environment. There was no all private or all public

solution for achieving the SDGs. Another area that needed legal regulation was the managing of
the (intended) information revolution, especially when it comes to the management of resources.
Improved legal infrastructure would contribute to economic growth which was essential to
achieving the SDGs.
Mr. EdricSelous (UN Rule of Law Unit) outlined the functions the rule of law had for
sustainable development, highlighting that it helped reduce imbalances between states,
eliminating discrimination, managing natural resources. Fast growing economies and particular
trade sectors (e.g. services) were inter-linkages provided for the eradication of poverty. The
combination between trade, integration and women employment had a positive effect for
development. Trade needed rule of law to be effective.
When being asked about the desired FfD outcome, the panel answered that trade and
development needed law, but both needed financing, strong MoIs requiring capacity
strengthening, and national fiscal development through trade.
SESSION II: TRADE AND DEVELOPMENT
H.E. Mr Vladimir Drobnjak (PR Croatia) opened the section on Trade and Development and
introduced the panellists.
Mr. Robert Hamwey (Representative of UNCTAD) focused on trade and trade policy, and its
effect on development. He argued that enablers, or MoIs, such as trade finance and technology,
acted horizontally across the full set of SDGs goals. He informed attendees that GDP is
dependent on trade, and that world trade has been at least doubling every decade for the past four
decades. This increase was due to a reduction of trade costs (tariffs, non-tariff barriers, transport
and communication). Trade in goods was also accompanied by an increase in trade in services.
Mr. Hamwey highlighted that developed countries share of trade has decreased, where
developing countries share has increased, leading to an almost equal division of world trade
between the two. Nevertheless, growth is much higher in developing countries than it is in
developed countries. He called attention to the fact that GDP needed to grow to accommodate
growing populations in developing countries and alleviate poverty. Developing economies are
catching up with developed economies, as their ability to double output was taking fewer years.
He stressed that extreme poverty rates have gone down due to the power of trade on growth of
GDP. UNCTADs main message was that trade could lead to sustainable and inclusive
development if it was accompanied by good policy and law that would connect producers and
consumers to market, ensure an equitable distribution of benefits, and protect the environment
and natural resources. He concluded by calling for binding legal commitments at the national and
international levels.
Ms. Judit Arenas (Director External Relations and Deputy Permanent Observer to the UN,
IDLO) highlighted the importance of economic growth and development for all. She called for
engagement by all, including the private sector. Transparent, independent, and just institutions
were necessary for sustainable trade. The inclusion of vulnerable groups was paramount, and
entrepreneurship could play a crucial role in this field. Enhanced institutional capacity, and a rule
based economy, was necessary for investment in countries in different stages of development.
Ms. Arenas argued that the rule of law was an enabler for development, as it levelled the playing
field. Strong legal institutions, the protection of intellectual property, and addressing capacity
development, were key ingredients for sustained economic growth. She used food security as an

example where law and development went hand in hand. Outdated legal frameworks were a
hindrance to economic growth, and strong dispute mechanisms were necessary for economic
development. She stressed that looking at the legal dimensions across the post-2015 agenda was
important.
Ms. Alice Tipping (Senior Programme Officer, ICTSD) offered an overview on trade and
development in the context of the Post-2015 Agenda and Financing for Development. She felt the
proposed SDGs and their targets reflected trade issues well, notably as regards regional trade
agreements and integration into the value chains. She raised the question of how to use regional
trade agreements for sustainable development. A coherent framework was necessary to generate
local employment. For trade in natural resources, she used the example of fish. Fish stocks
produced a sustainable dilemma. It was an economic as well as a political challenge. It reflected
integration between the environmental, economic and social interactions of sustainable
development.
A question was raised on regional trade agreements and there effect on developing countries. The
panellists felt the question was hard to answer succinctly, and that is would depend on the
developing country and the regional trade agreement concerned.
SESSION III:TRADE, DEVELOPMENT,
FFD

AND

LAW

IN

POST-2015 DEVELOPMENT AGENDA

AND

H.E. Mr. LenniMontiel (Assistant Secretary-General for Economic Development, UNDESA)

argued that trade had already played an important role within the MDGs, and that DDA efforts
had to intensify in the WTO Ministerial in Kenya in December. World trade has increased
considerably, but lower trade-to-income elasticity, which has led to increased use of domestic
inputs, in particular in China.He said that the proliferation of bilateral agreements posed problems
to countries left outside, and he felt this needed to be addressed.He concluded by stating that
trade-restrictive measures had continued to increase.
Mr. Pedro Conceio (Director, Strategic Policy at BPPS, UNDP) argued that trade was not an
end in itself, but was a tool to generate income, provide access to goods and services, and was a
means of empowerment. He gave the example of access to agricultural inputs (in particular
fertilizers), that their higher costs due to lack of infrastructure and trade barriers. He felt
competition policy was crucial, and that trade facilitation and improvement in infrastructure was
important. He concluded by highlighting the need for more harmonized legislation (including
insurances).
CLOSING
Ambassador Hahn Choong-hee (Chair of the 47th Session of UNCITRAL, Deputy
Permanent Representative of Korea)

Recall that sustainable development goals of OWG report adopted last July; in that goals,
Goal 17 is on MOI and global partnership, trade was mentioned as one of the important MOI
together with financing, capacity building and technology

But in that particular area, most explanation or detailed targets are mentioned about
multilateral trade system (i.e. WTO), we didnt pay much attention to what UNCITRAL is doing
on private commercial regulation and law


This coming FfD negotiation, trade is one of the most important area in MOI; we are
dedicating one chapter which has 14-15 paragraphs but almost all paragraphs deals with WTO
and multilateral trade system

So I want to point out the particular importance of all harmonization and modernization of
international commercial law and successfully put one paragraph in UNCITRAL reference; I
hope this could be adopted without any problems and this is what we have been doing

We will continue to raise awareness on importance among trade, development, and law

Trade is really important; in the chapter of FfD, trade is referred to as an engine for
economic development, particularly for developing countries; their daily activities in commerce
area is critical for their development; in English term, there is some kind of distinction between
commerce and trade but in French, there is no translation of trade, commerce will encompass
everything

We have to address this trade issue in holistic and integrated way and in bigger picture so
that all small activities, especially in developing countries, will really be important for their
economic boost

Secondly, we are approaching trade issue as rule of law and legalistic approach so that
this could be based on stable, robust, and institutionalized way; this is another important aspect
because we are always focusing on Goal 16 in sustainable development goals dedicated to rule of
law, governance, and institutions

In UNCITARL, we are discussing very important issue that touches upon your daily life E-commerce, online dispute settlement (how to resolve any dispute you have when you buy
certain things online) are practical and important issue for everybody

Also, transparency on arbitration and transfer of your ownership through online process;
so I think we have to pay a lot of attention to these issues

It is a pity that in New York, there is no good forum for trade; here, UNCITRAL issue
were dealt in committee of experts while the trade issue is generated in the Second committee; so
today was a good opportunity to bring together different stakeholders, lawyers, legal practitioner,
and economists

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