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Study Guide - World Model United Nations

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Organization for<br />

Economic Cooperation<br />

and Development<br />

<strong>World</strong> <strong>Model</strong> UN 2012<br />

Background <strong>Guide</strong>


Table of ConTenTs<br />

Letter from the Secretary General..............................................................1<br />

Letter from the Under-Secretary General...................................................2<br />

Letter from the Chair...................................................................................3<br />

Introduction...............................................................................................6<br />

History of the Committee...........................................................................7<br />

Topic A: Economic Development of the EU<br />

Statement of the Problem.......................................................................................9<br />

History and Discussion of the Problem................................................................11<br />

Past UN Actions.....................................................................................................15<br />

Proposed Solutions................................................................................................17<br />

QARMA..............................................................................................................18<br />

Key Actors and Organizations..............................................................................19<br />

Suggestions for Further Reading..........................................................................19<br />

Topic B: International <strong>Guide</strong>lines for Multinational Enterprise<br />

Statement of the Problem.....................................................................................21<br />

History and Discussion of the Problem................................................................21<br />

Discussion of the OECD <strong>Guide</strong>lines....................................................................25<br />

Evaluating the OECD <strong>Guide</strong>lines........................................................................29<br />

Revising the OECD <strong>Guide</strong>lines.............................................................................31<br />

Conclusion...................................................................................................32<br />

QARMA..................................................................................................32<br />

Key Actors and Positions.......................................................................................33<br />

Suggestions for Further Research..........................................................................33<br />

Bibliography..............................................................................................34<br />

Cover image courtesy of Vancouver Tourism Board.


KATHLEEN TANG<br />

Secretary-General<br />

SAMIR PATEL<br />

Director-General<br />

KEVIN LIU HUANG<br />

Under-Secretary-General for<br />

General Assemblies<br />

ANNA TROWBRIDGE<br />

Under-Secretary-General<br />

for Economic and Social<br />

Councils and Regional<br />

Bodies<br />

APARAJITA TRIPATHI<br />

Under-Secretary-General for<br />

Specialized Agencies<br />

RICHARD EBRIGHT<br />

Under-Secretary-General for<br />

Operations<br />

SAMUEL LEITER<br />

Under-Secretary-General for<br />

Administration<br />

SCOTT YU<br />

Under-Secretary-General for<br />

Business<br />

Letter from the Secretary-General<br />

Dear Delegates,<br />

My name is Kathleen Tang and I am serving as the Secretary-<br />

General of the <strong>World</strong>MUN 2012 conference. After being a part<br />

of <strong>World</strong>MUN for the past few years it is a bittersweet experience<br />

to be running my last <strong>World</strong>MUN ever, but I could not be more<br />

excited to share this experience with all of you!<br />

Within the pages of this guide you will find the topics that the<br />

<strong>World</strong>MUN staff has been hard at work on over the past few<br />

months. Each chair worked hard to find a topic that they are truly<br />

passionate about and provide the best guides possible through<br />

extensive research. However, the background guide should<br />

only be the first step in your substantive learning process. Read<br />

through the guide thoroughly and note what areas of debate are<br />

particularly interesting for your chair and use this as a starting<br />

point for your own research on the topic. Remember that you<br />

will be representing a country, a people, and a culture outside of<br />

your own during your week of debate. What viewpoints does your<br />

country have on this topic? What would they say to the issues the<br />

chair brings up in the guide? In what ways would your country<br />

most like to see these issues ‘resolved’? There are always more<br />

sources to look at and more news to be up to date with so the<br />

learning never stops!<br />

Of course, if you ever need help along the way there are many<br />

resources up online for you - <strong>World</strong>MUN 101 and the Rules of<br />

Procedure are both up on our website (www.worldmun.org) and<br />

will help you better understand how to write a study guide and<br />

how debate will run March 11-15th, 2012. Feel free to also reach<br />

out to your chair or USG via email. They are here to help you feel<br />

comfortable and prepared for the conference.<br />

I hope you enjoy the research presented here and also the learning<br />

process that comes with doing your own research on the topic.<br />

I look forward to meeting you in March!<br />

Sincerely,<br />

Kathleen Tang<br />

Secretary-General<br />

<strong>World</strong> <strong>Model</strong> <strong>United</strong> <strong>Nations</strong> 2012<br />

secretarygeneral@worldmun.org


KATHLEEN TANG<br />

Secretary-General<br />

SAMIR PATEL<br />

Director-General<br />

KEVIN LIU HUANG<br />

Under-Secretary-General for<br />

General Assemblies<br />

ANNA TROWBRIDGE<br />

Under-Secretary-General<br />

for Economic and Social<br />

Councils and Regional<br />

Bodies<br />

APARAJITA TRIPATHI<br />

Under-Secretary-General for<br />

Specialized Agencies<br />

RICHARD EBRIGHT<br />

Under-Secretary-General for<br />

Operations<br />

SAMUEL LEITER<br />

Under-Secretary-General for<br />

Administration<br />

SCOTT YU<br />

Under-Secretary-General for<br />

Business<br />

Letter from the Under-Secretary-General<br />

Dear Delegates,<br />

On behalf of the Economic and Social Council and Regional Bodies,<br />

welcome to <strong>World</strong> <strong>Model</strong> <strong>United</strong> <strong>Nations</strong> 2012, Vancouver! My<br />

name is Anna Trowbridge, and I am the Under-Secretary-General<br />

of EcoSoc. This year, <strong>World</strong>MUN officially enters into its second<br />

decade of existence, with more passion and dedication than<br />

ever. The Harvard team and the Vancouver host team have been<br />

working tirelessly to make this conference the most memorable<br />

yet—carefully putting together innovative committees, choosing<br />

fantastic venues, and generally putting in all their effort to craft<br />

an unforgettable experience. I am excited to share the experience<br />

with you!<br />

The study guide on the following pages was written by the chair<br />

of the OECD, Ioana Calcev. It’s the result of many hours of work,<br />

and I hope that it serves you well in your preparation for the<br />

conference. Ioana is an incredibly passionate chair and an amazing<br />

person. I know that you’ll have a great time in her committee! I<br />

hope that you are looking forward to meeting her and the rest of<br />

the delegates of the OECD.<br />

<strong>World</strong>MUN stands out among all other international conferences<br />

because of the enthusiasm of our delegates and the quality of the<br />

debate that they generate. I can’t wait to see you all and hear what<br />

you have to say in committee. Please don’t hesitate to contact<br />

Ioana or myself; we are here to help you both before and during<br />

conference.<br />

Good luck preparing—see you in March!<br />

Sincerely,<br />

Anna Trowbridge<br />

Under-Secretary-General for<br />

EcoSoc<br />

atrowbr@fas.harvard.edu


KATHLEEN TANG<br />

Secretary-General<br />

SAMIR PATEL<br />

Director-General<br />

KEVIN LIU HUANG<br />

Under-Secretary-General for<br />

General Assemblies<br />

ANNA TROWBRIDGE<br />

Under-Secretary-General<br />

for Economic and Social<br />

Councils and Regional<br />

Bodies<br />

APARAJITA TRIPATHI<br />

Under-Secretary-General for<br />

Specialized Agencies<br />

RICHARD EBRIGHT<br />

Under-Secretary-General for<br />

Operations<br />

SAMUEL LEITER<br />

Under-Secretary-General for<br />

Administration<br />

SCOTT YU<br />

Under-Secretary-General for<br />

Business<br />

Letter from the Chair<br />

Dear Delegates,<br />

It is with great pleasure that I welcome you to <strong>World</strong>MUN 2012! My name<br />

is Ioana Calcev and I will be the Chair for the Organization for Economic<br />

Co-operation and Development (OECD) Committee. I am a senior at<br />

Harvard, concentrating in Economics and Government. <strong>Model</strong> <strong>United</strong><br />

<strong>Nations</strong> has been an important part of my life in high school and college,<br />

and I am genuinely thrilled to meet students from all over the world who<br />

strive to make the world better each day. I am particularly excited to<br />

rejoin the substantive side of the conference after having served as Under<br />

Secretary General of the General Assembly last year in Singapore. Besides<br />

<strong>Model</strong> UN, I also enjoy hiking, rock climbing, and soccer.<br />

I hope that you will have an awesome time discussing the two topics that<br />

I have chosen for this committee. I believe that both are key discussions<br />

in the field of economic development. With FDE and venture capital<br />

surges in the developing countries, questions concerning guidelines<br />

for Multinational Enterprises pervade every days. Moreover, economic<br />

productivity growth in Europe has become an imperative consideration<br />

in light of the population dynamic and the sovereign debt crisis.<br />

Most important, I am look forward to meeting all of you in person in<br />

Vancouver. Welcome to the <strong>World</strong>MUN 2012 and the OECD! I hope that<br />

you have a wonderful time reading up on the development topics and<br />

learning your positions. Please feel free to contact me, if you have any<br />

questions or comments.<br />

Sincerely,<br />

Ioana Calcev<br />

Chair, OECD<br />

oecd@worldmun.org


I n t r o d u c t I o n<br />

The Organization for<br />

Economic Co-operation<br />

and Development (OECD),<br />

originally established in<br />

1961, aims to improve the<br />

economic and social well<br />

being of people around<br />

the world. At the turn of<br />

its fiftieth anniversary, the<br />

OECD has targeted its focus<br />

in four main areas:<br />

1. First, the OECD aims to<br />

help governments restore<br />

confidence in markets and<br />

institutions by helping<br />

improve regulation and<br />

governance at all levels of<br />

political and business life.<br />

2. Second, the OECD aims<br />

to help governments<br />

re-establish health public<br />

finances in order to sustain future<br />

economic growth.<br />

Harvard <strong>World</strong>MUN 2012<br />

OECD’s Way of Working. (www.oecd.org)<br />

OECD Operational Structure. (www.oecd.org)<br />

OECD 6


3. Third, the OECD is looking to foster innovation<br />

through ‘green growth’ and advancement in<br />

emerging markets.<br />

4. Finally, to underpin innovation and growth, the<br />

OECD seeks to ensure that people can develop<br />

the skills necessary to work productively and<br />

satisfyingly.<br />

Seeking to develop these important goals, this<br />

committee will discuss fundamental challenges that<br />

disrupt financial markets, impede innovation, and<br />

stunt economic development. Specifically the two<br />

topics demonstrate how critical the OECD is for<br />

economic development and stabilization following the<br />

financial crisis of 2007. Both topics<br />

While it is challenging to come up with universal<br />

guidelines for multinational enterprises, this<br />

committee will aim at finding measures that could<br />

be applicable globally. In order to do so, the OECD<br />

will delve into the specific cases and past experiences.<br />

Harvard <strong>World</strong>MUN 2012<br />

OECD Member Countries. (Wikipedia.org)<br />

Furthermore, the question of European economic<br />

growth is important not only for the wellbeing of<br />

European markets, but also for key trading partners<br />

and investors around the world.<br />

As members of the OECD you have been given the<br />

responsibility to discuss these issues and to come<br />

up with solutions that will improve the wellbeing of<br />

markets and people all around the world.<br />

Preparation is an important factor for excellence in<br />

<strong>Model</strong> UN. I urge you to spend a significant amount<br />

of time conducting further research into the issues<br />

that will be debated in your committee as well as your<br />

country’s position in order to prepare.<br />

H I s t o r y of tHe commIt t e e<br />

The Organization for Economic Co-operation and<br />

Development (OECD) is a forum for political and<br />

economic co-operations in which countries identify<br />

successful practices, tackles shared challenges, and<br />

co-ordinate domestic and international policymaking.<br />

OECD 7


The mandate of the OECD covers economic,<br />

environmental, political, and social issues.<br />

The precursor of the OECD, the Organization<br />

for European Economic Cooperation (OEEC),<br />

was established in 1957 to administer American<br />

and Canadian aid under the Marshall Plan for<br />

the reconstruction of Europe following <strong>World</strong><br />

War II. “Determined to avoid the mistakes of<br />

their predecessors in the wake of <strong>World</strong> War I,<br />

European leaders realized that the best way to ensure<br />

lasting peace was to encourage co-operation and<br />

reconstruction, rather than punish the defeated.” 1 The<br />

OEEC functioned to promote co-operation between<br />

participating countries, develop intra-European<br />

trade, study the feasibility of creating a customs<br />

union or free trade area, study muli-laterlisation<br />

of payments, and achieve conditions for better<br />

unitilization of labor. Organized along fifteen vertical<br />

and five horizontal technical committees, the 18<br />

Harvard <strong>World</strong>MUN 2012<br />

nation committee was responsible for handling a<br />

variety of European economic concerns including<br />

food and agriculture, iron and steel, and even balance<br />

of payment coordination. Inspired by OEEC’s<br />

cooperative achievements, the Rome Treaties created<br />

the Convention on the Organization for Economic<br />

Co-operation and Development, which enhanced the<br />

OEEC and extended membership to the <strong>United</strong> States<br />

and Canada.<br />

Since it superseded the OEEC in 1961, the OECD<br />

has moved beyond a focus on its own countries<br />

and has aimed to achieve the highest sustainable<br />

economic growth in its member countries, to<br />

improve market system efficiency, to encourage<br />

industrialization among developing countries, and to<br />

expand free trade. 2 For instance, in May of 2001 the<br />

Organization has launched a Green Growth Strategy<br />

initiative, which provides a practical framework for<br />

governments to boost economic growth while also<br />

Signing of the OECD Convention, 1960. (http://www.oecd.org)<br />

OECD 8


protecting the environment. In South Africa, the<br />

OECD is establishing a sovereign debt management<br />

center in order to create a stronger securities market.<br />

Meanwhile, in Europe the OECD has been helping EU<br />

government’s design and implement deficit reduction<br />

strategies. 3 Not only has the Organization expanded<br />

its policy area considerations, but also the OECD has<br />

come to analyze how various policy areas interact with<br />

each other, across countries, and beyond the OECD.<br />

For instance, in considering interactions between<br />

social and economic operations, the OECD analyzes<br />

how globalization opens new growth opportunities<br />

and triggers new social attitudes such as trade<br />

protectionism. Undoubtedly, “as it opens to many new<br />

contacts around the world, the OECD will broaden its<br />

scope, looking ahead to a post-industrial age in which<br />

it aims to tightly weave OECD economies into a yet<br />

more prosperous and increasingly knowledge-based<br />

world economy.” 4<br />

The OECD consists of three major bodies: the<br />

Secretariat, OECD committees, and the Council. The<br />

OECD Secretariat collects and analyses data, after<br />

which committees discuss policy, the Council makes<br />

decisions, and then the Secretariat helps governments<br />

implement recommendations. In order to discuss<br />

and formulate ideas, representatives of the 34 OECD<br />

member countries meet in some 250 committees,<br />

working groups and expert groups to advance and<br />

review progress in specific policy areas. Approximately<br />

40,000 senior officials from both member and nonmember<br />

countries attended OECD committee<br />

meetings each year and relay information back to<br />

their national governments. The decision-making<br />

powers of the OECD, however, are exclusively vested<br />

in the Council. This body is made up of delegations<br />

from each member country plus a representative of<br />

the European Commission. At the level of permanent<br />

representatives, the OECD meets regularly and takes<br />

decisions by consensus. At the ministerial level, the<br />

OECD meets once a year to set OECD priorities. All<br />

the work discussed by the committees and mandated<br />

by the Council is implemented by the Secretariat. This<br />

branch, headed by Angel Gurría, is made up of some<br />

2,500 economists, lawyers, and scientists who collect<br />

data, support the activities of the OECD committees,<br />

Harvard <strong>World</strong>MUN 2012<br />

and prioritize OECD objectives. 5<br />

The OECD differs from other intergovernmental<br />

organizations and in particular from the <strong>United</strong><br />

<strong>Nations</strong> because it has neither supranational legal<br />

powers nor financial resources, and therefore<br />

functions to solely direct co-operation among Member<br />

countries. Co-operation means that, using soft-law<br />

provisions, the OECD motivates Member countries<br />

to adapt domestic politics to minimize international<br />

conflict. In other words, the OECD is a forum that<br />

facilitates discussion, negotiation, and collaboration.<br />

“Discussions at OECD committee-level sometimes<br />

evolve into negotiations where OECD countries agree<br />

on rules of the game for international co-operation.<br />

They can culminate in formal agreements by countries,<br />

for example on combating bribery, on arrangements<br />

for export credits, or on the treatment of capital<br />

movements. They may produce standards and models,<br />

for example in the application of bilateral treaties on<br />

taxation, or recommendations, for example on crossborder<br />

co-operation in enforcing laws against spam.<br />

They may also result in guidelines, for example on<br />

corporate governance or environmental practices.” 6<br />

The implementation of OECD proceedings is<br />

stipulated in Article 5 of the bylaws, which enables the<br />

OECD to take decisions that may be binding on all of<br />

its Members, to make recommendations to Member<br />

countries, and to enter into agreements with Members,<br />

non-members and international organizations in order<br />

to achieve its aims. Thus, the primarily enforcement<br />

mechanism is based on mutual examination, mutual<br />

surveillance, and peer review carried out at committeelevel.<br />

Using this collaborative process, OECD<br />

participants, which account for 80% of world trade and<br />

investment, regularly turn to one another to identity,<br />

analyze and solve international challenges facing the<br />

world economy.<br />

t o p I c A: e c o n o m I c d e v e l o p m e n t I n<br />

t H e europeAn unIon<br />

Statement of the Problem<br />

Productivity is a measure of output per input of<br />

production. For instance, labor productivity is the<br />

ratio of production output per labor hours worked.<br />

OECD 9


Productivity measures are economically significant<br />

because they go hand in hand with growth. That is,<br />

a country’s economic growth is measured in terms<br />

of production increase over time. For this reason,<br />

European leaders are concerned that while the <strong>United</strong><br />

States has been experiencing an upward structural<br />

shift in productivity growth since the 1990’s, European<br />

nations such as Germany, Spain, Italy, and France<br />

have been experiencing a downward shift. 7 Especially<br />

inefficient industries, such as the manufacturing<br />

of office machinery and computers, wholesale and<br />

retail trade, air transport, and financial services have<br />

productivity rates considerably lower than those of<br />

Harvard <strong>World</strong>MUN 2012<br />

European Union. (http://europa.eu/)<br />

American industries. 8 These downward trends have<br />

led to widespread job losses in manufacturing and<br />

more importantly stagnating GDP growth.<br />

In 2000 EU Heads of State met and drafted a ten-year<br />

agreement known as the Lisbon Agenda, in order to<br />

“make Europe the most competitive and dynamicbased<br />

economy in the world.” The three main issues<br />

that the Lisbon Agenda sought to realize were: (1)<br />

investment in R&D at a level of three per cent of EU’s<br />

GDP, (2) the promotion of entrepreneurship, and (3)<br />

the reduction of unemployment. The mid-year report<br />

in 2004 concluded that although Europe had made<br />

OECD 10


some progress, it would not reach its ambitious goals.<br />

In the face of these past failures and its rapidly aging<br />

population, European prosperity is contingent upon<br />

pre-1994 productivity growth rates. Productivity<br />

targets have, however, been set back by the onset of<br />

the financial crisis in 2007. Initially, the subprime<br />

crisis halted European economic growth and derailed<br />

the financial markets. The ensuing sovereign debt<br />

crisis has challenged European cooperation and has<br />

shifted attention away from the Lisbon Agenda’s<br />

goals. European governments have grown reluctant<br />

to push through difficult economic reforms in such<br />

economic precarious times. Nevertheless, the EU still<br />

struggles with low levels of productivity growth. As<br />

such, delegates must devise a plan that aims to revive<br />

European productivity growth but can realistically be<br />

implemented.<br />

To undertake this task, delegates will represent<br />

member of the Organization for Economic Cooperation<br />

and Development (OECD). This political<br />

and economic forum helps member nations identify<br />

successful development practices, tackle shared<br />

challenges, and co-ordinate policymaking. Conceived<br />

after <strong>World</strong> War II, the OECD aims to help nations<br />

achieve sustainable economic growth and improve<br />

market efficiency. The OECD must help European<br />

Heads of State coordinate their national strategies in<br />

order to help reinvigorate economic growth.<br />

To help delegates prepare for the policy challenge<br />

ahead, the following topic area provides a general<br />

introduction into research material. The first section<br />

provides background on Europe’s productivity<br />

lag and denotes several contributing factors. The<br />

second section covers past actions that the European<br />

community has taken to address its growth problems.<br />

Finally, the third section covers proposed solutions<br />

among policy makers.<br />

History and Discussion of the Problem<br />

Origins of the European Growth Crisis<br />

Following <strong>World</strong> War II, Europe experienced<br />

substantial economic growth. This catch-up growth<br />

can be attributed to imitation and adaptation of<br />

foreign technology and the strong investment in and<br />

Harvard <strong>World</strong>MUN 2012<br />

support for institutions. Initially, Europe began to grow<br />

because the reparations of wartime damages enabled it<br />

to rebuild its capital stock and restore its productivity<br />

capacity. Following this initial leap, Europe sustained<br />

rapid economic growth by exploiting new technologies<br />

such as the assembly-line method and modern<br />

personnel-management practices. By adopting US<br />

knowledge and management practices, Europe’s per<br />

capita income and productivity converged towards<br />

those prevailing in the <strong>United</strong> States.<br />

Then, beginning in 1973, the economic growth that<br />

exemplified the post-<strong>World</strong> War II era came to an<br />

abrupt end. GDP growth slowed down both in the<br />

<strong>United</strong> States, from 3.9 to 2.8 percent, and in Europe,<br />

from 5.5 to 2.0 percent. This turning point can be<br />

attributed to European labor markets becoming<br />

increasingly tight. In particular, market issues such as<br />

high payroll taxes, generous unemployment benefits,<br />

poor educational standards, and high unionization<br />

accounts contributed to the rise in unemployment in<br />

the 1970s. It is thought that European productivity<br />

growth prior to the 1970’s was thus not the result of<br />

access to advanced technology and innovation, but<br />

rather market rigidities. Europe’s catch-up growth<br />

can be accredited to labor productivity advances<br />

and increased GDP per hours worked rather than<br />

multifactor productivity, a measurement of post<br />

accounting output levels.<br />

In addition, since the mid 1990’s, European and<br />

US productivity growth patterns have diverged<br />

dramatically, the former declining and the latter<br />

growing substantially. After the 1970s, the <strong>United</strong><br />

Stated re-emerged with a renewed political energy that<br />

facilitated increased competition, the restructuring<br />

of corporations, and the immediate adoption of<br />

the innovations from the information revolution.<br />

Meanwhile, European countries, especially Germany,<br />

France, Italy, and Spain, were unable to garner<br />

the same sufficient energy to reform. 9 “Indeed,<br />

while productivity growth in the <strong>United</strong> States has<br />

accelerated in the last decade, from an average of 1.6<br />

percent to 2.7, productivity growth in Europe has<br />

gone in the other direction, declining from 2.3 percent<br />

per year to 1.4 percent.” 10 On a micro scale, during<br />

OECD 11


the latter half of the 1990s and throughout the 2000s<br />

European Union Member States reported markedly<br />

different productivity levels.<br />

Breaking Down the Productivity Lag<br />

The European productivity crisis, first evident<br />

in 1995, can be attributed to numerous socioeconomic<br />

trends ranging from inefficient market<br />

integration and a slowdown in innovation, to a labor<br />

market slowdown. The problem of below average<br />

productivity is particularly pronounced in the service<br />

sector. In 2004, the European Commission released a<br />

working paper evaluating service market integration<br />

and its impact of the European economy. The<br />

A report by Robert Inklaar, Marcel P.<br />

Timmer and Bart van Ark evaluates<br />

growth differences rather than policy<br />

mandates in regards to ICT. What they<br />

EU Member States. http://www.ce-authorizedrepresentative.eu/<br />

find is that the inefficient development<br />

of information and communication<br />

Commission came to the conclusion that barriers in<br />

technologies contributed to labor productivity<br />

the service industry in the Internal Market, stemming<br />

growth. “On average, over all countries, the ICT<br />

from cross-border barriers, have a negative effect of<br />

investment to value added ratio increased from<br />

competitive performance. In the European Union,<br />

3.9% during 1980–1995 to 4.9% during 1995–2000.”<br />

market services account for approximately 53.66%<br />

In other words, productivity gains across Europe<br />

of the GDP. In 2000, 86% of EU firm population<br />

are closely related to the use and diffusion of ICT.<br />

constituted service providers and these numbers<br />

Namely, several economists have found that the<br />

underestimate the role of services because they do not<br />

productivity gap results from numerous factors such<br />

distinguish between primary and secondary sectors.<br />

as new technologies, economies of scale, managerial<br />

Although the European service market accounts for<br />

skill, and changes in the organization of production.<br />

many jobs, because of the complex and intangible<br />

The multifactor productivity lag, according to<br />

nature of services, the provisions of services if often<br />

various papers, has occurred because Europe has<br />

subject to complex rules. At the same time, a wide<br />

restrictive regulations that limit the productivity of<br />

Harvard <strong>World</strong>MUN 2012<br />

divergence between the rules of Member States renders<br />

cross-border service activity inefficiently costly.<br />

Indeed, three authors, Robert Inklaar, Marcel P.<br />

Timmer and Bart van Ark, show that while investment<br />

in physical and human capital may account for a<br />

substantial portion of labor productivity growth in<br />

market services, cross-European differences in labor<br />

productivity growth are mainly due to technology<br />

inefficiency. That is, some political scientists have<br />

found that policies and institutions, which facilitated<br />

the imitation of technologies in the past, are no longer<br />

well-suited for growth close to the technological<br />

frontier. Information and communication technologies<br />

(ICT) are an important complement<br />

to research and development. ICT is a<br />

significant contributor to productivity<br />

growth because it enables better<br />

information processing, and thus<br />

reduces co-ordination costs that are<br />

detrimental in decentralized economies<br />

such as Europe’s. For instance, enhanced<br />

information and communication<br />

technology improves the production<br />

and distribution of inventory across<br />

countries.<br />

OECD 12


ICT. In Europe, a lag can be explained by restrictive<br />

regulations such as store-opening hours, land zoning,<br />

and cultural differences. In the <strong>United</strong> States, a faster<br />

rise in information and communications technology<br />

has increased productivity with the use of equipment<br />

such as barcodes, transaction-processing software,<br />

and inventory tracking devices. It is possible that<br />

this equipment changes the depiction of investment’s<br />

contribution of growth accounting. Regardless of<br />

which alternative is correct, the overall conclusion is<br />

that a more flexible approach towards labor, product,<br />

and capital markets in Europe would allow resources<br />

to flow to their most productive uses.<br />

Besides service market inefficiency and a lack of<br />

innovation, domestic labor trends have constrained<br />

productivity growth: declining birth rates and rising<br />

life expectancy. On the one hand, the total population<br />

size is projected to fall, reducing the ratio of workingclass<br />

population to retirees by approximately 18%. 11<br />

This new ratio implies that the demand for pensions,<br />

healthcare assistance, and other welfare programs<br />

will increase substantially. In fact, the European<br />

Commission estimates that increased welfare spending<br />

will reduce the potential growth rate of the EU from<br />

2%-2.5% to 1.25% by 2040. What is more, lower<br />

Harvard <strong>World</strong>MUN 2012<br />

economic growth will reduce public finances<br />

and thus cause even further problems. Moreover,<br />

when looking at the European Union as a whole,<br />

enlargement has made the problems of cohesion<br />

even more pronounced. Since 2000, the EU has<br />

accepted Malta, Cyprus, Estonia, Latvia, Lithuania,<br />

Poland, Czech Republic, Slovakia, Slovenia, Hungary,<br />

Akrotiri, Dhekelia, Bulgaria, and Romania. These<br />

new members have much lower employment rates<br />

and productivity levels than the original 15 members<br />

of the Lisbon Agenda. The strong regional disparities<br />

and inequalities in these regions have, for example,<br />

reduced EU employment by approximately 1.5%. Even<br />

the prospect of growth for the newly added members,<br />

suggests that their lower tax and wage rates will deflect<br />

investment from the rest of the EU. These internal<br />

strains highlight why it is important that the EU<br />

achieve a better growth agreement.<br />

European productivity setbacks have been further<br />

exacerbated by the economic and financial crisis<br />

of 2007. The financial crisis and trade collapse of<br />

2007 operated via three transaction channels: the<br />

connections within the financial system itself, wealth<br />

and consumer confidence, and global trade. 12 Because<br />

there was great variation among Member States in<br />

Productivity Growth. (http://economistsview.typepad.com)<br />

OECD 13


Information and Communication Spending Trends. (http://maps.grida.no)<br />

regards to these three channels, the financial crisis hit<br />

some countries more severely than others. Initially,<br />

Ireland, the Baltic countries, and Germany seemed<br />

much more affected than countries such as Bulgaria,<br />

Poland and Cyprus. The EU response to the financial<br />

crisis with the use of automatic stabilizers such as tax<br />

policies and job loss insurance functioned in a counter<br />

cyclical manner, relaxed employment laws through the<br />

Lisbon Agenda, shovel ready projects that could reduce<br />

the high unemployment rates, and the liquefaction of<br />

banks.<br />

Even though the total factor productivity did not<br />

shrink in Europe, significant labor declines resulted<br />

in a lower potential growth rate. For instance, the<br />

downturn was much more severe for new EU members<br />

such as Latvia. Despite their prior faster growth rates,<br />

the newly added EU countries are now converging<br />

to lower European economic growth rates. In other<br />

words, their economies are now shrinking. In 2009,<br />

Europe’s GDP had fallen by 4%, unemployment had<br />

reached approximately 10%, and government debt<br />

Harvard <strong>World</strong>MUN 2012<br />

Europe wide has increased<br />

by 20% over the course<br />

of two years. In addition<br />

to substantial growth and<br />

labor costs, the fiscal costs<br />

of the financial crisis will<br />

be enormous because<br />

there is increased pressure<br />

on contingent liabilities<br />

related to financial rescue<br />

and intervention. Because<br />

the financial and economic<br />

crisis had such a substantial<br />

impact on the European<br />

economy and the EU was<br />

not able to effectively<br />

coordinate in order to<br />

reduce unemployment,<br />

the likelihood of persisting<br />

European divergence is<br />

very high. Europe must<br />

solve the economic<br />

problems that have arisen<br />

from the financial crisis of<br />

2007 if it wishes to change<br />

the course of its growth decline.<br />

Continued Case For Economic Strides<br />

For the European Union, higher productivity is<br />

central to ensuring economic growth and recovery.<br />

To illustrate the capacity of productivity growth,<br />

consider a comparison between the <strong>United</strong> States and<br />

the EU-15. Because of the US’s accelerated productivity<br />

after 1995, its gross domestic product (GDP) is 1.9$<br />

trillion greater that it would otherwise be. Meanwhile,<br />

if the EU-15 had been able to maintain the same<br />

productivity growth rates attained prior 1995, its GDP<br />

would be 1.1 trillion euros greater than it is today. If<br />

the European Union today could revert back to 1994<br />

productivity average, real output would increase by<br />

approximately 75%. On the other hand, if Europe<br />

continues to persist at the same growth rates, its output<br />

per capita will grow at a mere 41%. 13<br />

One reason why boosting productivity is especially<br />

important is because Europe faces international<br />

OECD 14


pressure to reinvigorate its economy. As international<br />

competition has intensified over the past decade,<br />

Europe has come to face twin challenges from China<br />

and India. First, with China’s economy growing so<br />

quickly, Europe is pressured to establish an appropriate<br />

economic base in order to remain competitive. A<br />

combination of the<br />

increasing stock<br />

of foreign direct<br />

investment has<br />

enabled China to<br />

compete not only<br />

in low value-added<br />

goods, but also in<br />

high value-added<br />

goods. Some argue<br />

that even though<br />

there is great<br />

differentiation<br />

between wages in<br />

China and those in<br />

Europe, the quality<br />

difference between<br />

goods produced in<br />

the two countries<br />

is becoming non-existent. In a similar way, India’s<br />

practice of outsourcing service sector functions has<br />

come to undermine European economic power. 14<br />

Another reason why a productivity boost is imperative<br />

for Europe is because labor particiaption rates are<br />

significantly lower in the EU than in the <strong>United</strong> States.<br />

Namely, a greater share of the European population<br />

is older and not working. 15 For instance, in 2005 17.4<br />

percent of the EU-15 populations was 65 and older<br />

compared to only 12.4 percent in the <strong>United</strong> States. 16<br />

At the same time, in 2010 the total fertility rate in<br />

Europe was 1.5 children per woman, whereas the<br />

overall US rate was 2.06. Two decades of such low<br />

fertility rates in Eurpe could produce in a decline<br />

in labor force participation and a decline in the EU<br />

population from 375 million to around 285 million<br />

over the course of the century. 17 In the face of such<br />

generational dynamics, Europe will have to raise its<br />

productivity growth rate in order to enjoy growing<br />

standards of living.<br />

Harvard <strong>World</strong>MUN 2012<br />

Technology. (http://www.w3ins.com/)<br />

All the while, the financial crisis made the task of<br />

securing future economic growth more difficult. The<br />

fragile financial system is holding back firms and<br />

households, who are having a difficut time borrwing,<br />

spending and investing money. “Our public finances<br />

have been severely affected, with deficits at 7% of<br />

GDP on average and<br />

debt levels at over<br />

80% of GDP – two<br />

years of crisis erasing<br />

twenty years of fiscal<br />

consolidation. Our<br />

growth potential<br />

has been halved<br />

during the crisis.<br />

Many investment<br />

plans, talents and<br />

ideas risk going<br />

to waste because<br />

of uncertainties,<br />

sluggish demand<br />

and lack of funding.”<br />

Without notice,<br />

the steady gains in<br />

economic growth<br />

and job creation throughout the early 2000s were<br />

wiped out and industrial production plummeted<br />

and unemployment rose. Exposing the structural<br />

weaknesses of Europe’s markets, the financial crisis has<br />

given rise to new challenges.<br />

Past EU Actions<br />

To tackle the economic slowdown, the European<br />

Union adopted a ten-year agreement known as<br />

the Lisbon Agenda in 2000 with the intent of “making<br />

Europe the most competitive and most dynamic<br />

knowledge-based economy in the world.” 18 The Lisbon<br />

Agenda outlined its purpose in terms of three distinct<br />

goals: preparing the transition to a knowledge-based<br />

economy and society with the use of better policies<br />

towards information and R&D, modernizing the<br />

European social model, and sustaining a healthy<br />

economy with appropriate macro-economic policies.<br />

These goals called for a friendly environment for SMEs<br />

and efficient integration of financial markets among<br />

other things in order to attain 3% GDP growth across<br />

OECD 15


the European Union.<br />

Regrettably, the Lisbon Agenda was not able to alter<br />

the course of EU’s growth because several events<br />

increased economic instability; Europe fiscal policy<br />

was limited by its weak budgetary position; and the<br />

EU did not place enough priority on the completion<br />

of a single market for services. A midpoint evaluation<br />

explains that the 2001 terrorist attacks darkened the<br />

international climate for trade and development and<br />

that the increased oil prices heightened insecurity.<br />

Furthermore, although the Lisbon Agenda helped<br />

Europe reduce unemployment levels and helped<br />

outline development and integration policies, the<br />

EU did not attain many of the targets outlined in<br />

the Agenda. For instance, because of lack of labor<br />

market reforms and insufficient educational training<br />

opportunities, the EU was not able to achieve its target<br />

of a 70% employment level among the working age<br />

population. Moreover, even though proposals such<br />

as the Small Business Act, adopted in June of 2008,<br />

helped reduce VAT rates and called on Member States<br />

Parisian Open Air Market. (http://ontheroadwiththewhites.blogspot.com)<br />

Harvard <strong>World</strong>MUN 2012<br />

to exempt micro-enterprises from accounting rules,<br />

the EU has not realized a single market for goods<br />

and services. There exists continued competition in<br />

network industries such as gas and electricity. Finally,<br />

the EU has not been able to close the productivity gap<br />

seeing as how research and development expenditures<br />

as a percent of GDP improved by only .08 percent<br />

from 2000 to 2008 (1.82% in 2000 to 1.9% in 2008),<br />

when the GDP spending target was actually 3%. The<br />

key challenge that has restricted R&D is that the EU<br />

has not been able to make domestic investments<br />

more attractive. Based on the Lisbon Agenda’s failure,<br />

insufficient investment in R&D and education,<br />

indifferent capacity to make research marketable,<br />

and lower performance in ICT has eroded the EU’s<br />

capacity to reach its development goals. 19<br />

“The European Union and its Members States have<br />

clearly themselves contributed to slow progress by<br />

failing to act on much of the Lisbon strategy with<br />

sufficient urgency.” 20<br />

Overall, the inadequate<br />

progress of the<br />

Agenda was largely<br />

due to ineffective<br />

coordination, lack<br />

of commitment and<br />

political action, and<br />

conflicting domestic<br />

priorities. Indeed,<br />

although the Lisbon<br />

Agenda is applauded<br />

for helping build<br />

broad consensus<br />

on reforms and for<br />

delivering concrete<br />

benefits to EU citizens,<br />

European countries<br />

did not recognize<br />

the significance of an<br />

integrated economy and<br />

did not communicated<br />

effectively. It has been<br />

suggested that in order<br />

for the EU to attain its<br />

OECD 16


goals, it must increase transparency, Heads of State<br />

or Government must signal their commitment to<br />

their particular national strategy, and the EU budget<br />

should be reshaped to reflect the Lisbon priorities. On<br />

the nonpolitical front, the Report for the High Level<br />

Group encouraged the EU to prepare an action plan<br />

to reduce the administrative obstacles for moving<br />

to and within the EU for world-class scientists and<br />

researchers, to ensure the completion of an internal<br />

market for services and a market for labor, and<br />

promote greater economic strategy coordination<br />

between countries. 21<br />

In brief, while the Lisbon Agenda had many of the<br />

technical elements necessary to reduce divergence,<br />

it did not insist that nations cooperate quickly<br />

enough. In order to reduce divergence from this point<br />

on, Europe 2020 has to place greater urgency on<br />

modernizing the systems and reducing unemployment<br />

by creating a knowledge economy that is based on<br />

a single goods and labor market which supports a<br />

favorable business climate.<br />

Proposed Solutions<br />

Between the Lisbon declaration and the Kok<br />

Report, Europe’s problems are well known. “To<br />

one degree or another, European countries support<br />

large bureaucracies that stifle risk-taking, their public<br />

sectors are often inefficient, and social policies usually<br />

protect jobs rather than people. At the EU level,<br />

national interests prevent the creation of a unified<br />

research space and countless protectionist measures<br />

hinder competition in the services sector, which<br />

account for far more than half of value added. In<br />

short, Europe needed structural reforms.” 22 In other<br />

words, as the original plan intended, Europe must<br />

generate growth developing the growth of intangible<br />

factors such as technical progress and organization<br />

innovation.<br />

In evaluating the failures of Lisbon Agenda, the High<br />

Level Group highlighted several policy areas that the<br />

European community should prioritize. First, Wim<br />

Kok the leader of the High Level Group, urged the<br />

EU to make R&D a higher priority, to do a better<br />

job promoting ICT, and to focus on education and<br />

Harvard <strong>World</strong>MUN 2012<br />

training. This goal, the Group explains, entails the<br />

reduction of administrative obstacles for scientists<br />

and researchers, the creation of European Research<br />

Council, and better follow-up with the Europe action<br />

plan. 23<br />

Second, the Group urged the European community<br />

to complete the internal market for free movement<br />

of goods, and create a single market for services. In<br />

other words, the European Union must prioritize<br />

the integration of goods and factor markets. A<br />

major driver for economic efficiency is competition<br />

either through trade openness, a reinforced Single<br />

Market across Europe, or product market reform.<br />

According to the European Competitiveness Report<br />

of 2006 by the European Commission, coordination<br />

at the EU level when carrying out these reforms<br />

reinforced effectiveness because of positive crossborder<br />

knowledge spillovers. 24 The European<br />

Economic Community suggests that in order to foster<br />

productivity and growth, Europe must reduce crossborder<br />

barriers, and facilitate intra-European trade.<br />

Although Europe has made strides by creating the<br />

customs union known as the EU, non-tariff barriers<br />

and market-access restrictions still impede higher<br />

productivity. 25<br />

Third, the Group concluded that European Member<br />

States must facilitate entrepreneurship, create favorable<br />

conditions for emerging businesses, and reduce red<br />

tape. However, unlike in previous attempts, Member<br />

States must improve business climate by reducing<br />

administrative burden and improving legislation, not<br />

just by facilitating the rise of new enterprises. Although<br />

there have been numerous attempts at integration<br />

European capital markets in order to facilitate lending<br />

and investing, the debt crisis has contested financial<br />

coordination among European nations.<br />

Although countless economists and analysts have<br />

proposed feasible solutions, the European Union must<br />

not only outline priorities for micro economic reform,<br />

but they must also devise a realistic implementation<br />

plan. That is to say, a development recommendation<br />

must outline implementation techniques that muster<br />

political co-operation and do not get stumped in<br />

OECD 17


For instance, some economists advise that European<br />

Member States should use tax incentives and tariff<br />

reductions to spur ICT investment. This means<br />

that policymakers should refrain from taxing ICT<br />

investments such as broadband telecommunications<br />

and should avoid placing tariffs on ICT imports.<br />

Other economists suggest that European productivity<br />

trends are result of increased marginal tax rates, which<br />

lower worker participation and delay entry into the<br />

labor source. Alberto Alesina argues that increased<br />

tax rates combined with union-imposed standards<br />

for work time, and a preference for leisure convinces<br />

Europeans to work less and thus stunts productivity<br />

growth. 26 Regardless of which economists are correct,<br />

it is important that delegates of this committee realize<br />

that solutions being considered today do not just list<br />

priority areas; rather effective solutions specify how the<br />

EU can take action given the political and economic<br />

challenges that stand in its way.<br />

Questions a Resolution Must Answer<br />

Why did the Lisbon Agenda fail to make the EU “the<br />

Harvard <strong>World</strong>MUN 2012<br />

most competitive and<br />

dynamic knowledgebased<br />

economy in<br />

the world capable of<br />

sustainable economic<br />

growth with more and<br />

better jobs and greater<br />

social cohesion?”<br />

Learning from the<br />

implementation of the<br />

Lisbon Agenda, what<br />

key policy areas should<br />

the European Union<br />

focus on in order<br />

to achieve the most<br />

efficient productivity<br />

gains?<br />

European Stock Exchange. (http://news.markets247.com)<br />

How can the European<br />

Commission improve<br />

its measure of<br />

bureaucratic discord.<br />

innovation in order to<br />

evaluate how innovation policies influence its goals?<br />

How can a new strategy help Member States achieve<br />

a more competitive market either through trade or<br />

financial integration? That is, what is the most efficient<br />

way to achieve a competitive market?<br />

Given that the recession has resulted in a considerable<br />

loss of capacity in the European economy, how should<br />

Europe combat long-term growth pressures that it<br />

faces due to its ageing population?<br />

Who should supervise the implementation of future<br />

goals and to whom should Member States be held<br />

responsible if they fail to implement their targets?<br />

How can a leadership body facilitate greater political<br />

co-operation and coordination once a new plan is in<br />

effect?<br />

In light of the recent debt crisis, what are reasonable<br />

objectives and timelines to get Europe back on<br />

track? Should productivity targets be applicable to all<br />

Member States regardless of their financial standing?<br />

OECD 18


What should the European community consider if it<br />

is to devise a plan that creates sustainable productivity<br />

growth?<br />

Key Actors and Organizations<br />

Because of its heterogeneous nature, the OECD<br />

does not fall neatly into voting blocs. Given<br />

cross-sectional differences and the complexities of<br />

the topics at hand, the position of each representative<br />

is nuanced and contingent upon many factors. In<br />

order to understand individual country platforms,<br />

delegates should research how their nation interacts<br />

with Europe, what their nation’s policy is following the<br />

financial collapse, and what issues their nation deems<br />

a priority. Despite the complexities at hand, the OECD<br />

comprises of member nations and representatives that<br />

best represent certain positions around the topic at<br />

hand.<br />

European Commission Representatives<br />

For instance, the European Commission is the<br />

original supervisor of the Lisbon Agenda and as<br />

such has overseen earlier implementation attempts.<br />

<strong>Nations</strong> that are a part of the European Commission<br />

can best speak on what is and is not feasible to enforce,<br />

what political impediments stand in the way of<br />

implementation, and what economic priorities they<br />

foresee. This body will consist of both a European<br />

Commission representative and member states. These<br />

include Austria, Belgium, Czech, Denmark, Estonia,<br />

Finland, France, Germany, Greece, Iceland, Ireland,<br />

Italy, Luxembourg, Netherlands, Norway, Poland,<br />

Portugal, Slovak Republic, Slovenia, Sweden, and<br />

Switzerland.<br />

European Debt Crisis Key Players<br />

Although nearly all of Europe has been affected<br />

by the debt crisis, some nations have played a<br />

crucial role in the downfall that has further reversed<br />

productivity growth. For instance, Ireland, Greece,<br />

and Portugal have, following loan controversies, the<br />

banking and economic crisis, and low borrowing,<br />

defaulted on their debt. These actions have placed<br />

the rest of the European Union in a precarious<br />

circumstance because each default has destabilized<br />

the European interbank offer rate. On the other hand,<br />

Harvard <strong>World</strong>MUN 2012<br />

nations such as Germany, France, and the UK have<br />

spearhead recovery efforts and have dictated the<br />

terms of the bailouts. These particulars are relevant for<br />

nations wishing to undertake development initiatives.<br />

Trade Partners<br />

The remaining block of OECD members have<br />

jointed the OECT because they have specific<br />

interests in OECD operations. Though the nations<br />

would not operate as a voting block in this particular<br />

instance, their interests in the topic of EU economic<br />

growth arise because of their trade and financial ties to<br />

the EU. For instance, Turkey is linked to the EU via a<br />

Customs Union established in 1963 by the EU-Turkey<br />

Association Agreement. In 2007 alone, 300 million<br />

Euros of EU inflows came from Turkey, while 12.4<br />

billion Euros of EU outflows went to Turkey. 27 Due to<br />

these trade relations, the remaining OECD members<br />

have a vested interest to use the successes and failures<br />

of their own economic growth strategies to advise the<br />

EU Members. Trade partner nations include but are<br />

not limited to Australia, Canada, Chile, Israel, Japan,<br />

Korea, Mexico, New Zealand, Turkey, and the <strong>United</strong><br />

States.<br />

Suggestions for Further Reading<br />

Not a day passes without news on economic<br />

stability, unemployment rates, or the debt crisis<br />

in Europe. Since a strategic plan will be Europe’s<br />

current economic standing and capacity, it is essential<br />

that you follow these articles in order to get a clear<br />

understanding of what the EU is experiencing. Some<br />

excellent news sources include but are not limited to<br />

the BBC News, the Financial Times, the Guardian, Le<br />

Monde, El Mundo, Marca, and Bild.<br />

In addition to recent developments, Europa, the official<br />

website of the European Union has great resources to<br />

help you understand the structure of the European<br />

Union, how policy area is implemented & evaluated,<br />

and how current intra-Europe legislation operates.<br />

Also the OECD website is a wealth of statistical<br />

indicators that can give you a better picture of the EU<br />

fiscal situation and current economic projections.<br />

In order to read up on the specific detailed in this<br />

guide I suggest that you read through the excellent<br />

reports centered on the Lisbon Agenda, its failures, and<br />

OECD 19


its follow ups. As such, some of the most fundamental<br />

sources are the Lisbon Agenda, Annual Reports by<br />

the EU Member States, The Economic Impact of ICT:<br />

Evidence and Questions by the High Level Group,<br />

Creating an Innovative Europe by the Aho Group,<br />

and more recently a Commission Report entitled:<br />

The New Lisbon Strategy for Growth and Jobs. All of<br />

these reports can easily be found online and contain a<br />

wealth of knowledge. Particularly relevant to you as the<br />

OECD is the Economic Survey of the European Union<br />

2009. The report outlines some of the critical faults of<br />

the EU, as evaluated by the OECD in 2009, and would<br />

Harvard <strong>World</strong>MUN 2012<br />

provide an excellent starting point for your research.<br />

Although there are a variety of information sources on<br />

the <strong>World</strong> Wide Web, please make sure to evaluate the<br />

information sources carefully and be sure to seek out<br />

a variety of perspectives on the topic. Best of luck with<br />

your research!<br />

Foreign direct investment flows. (http://policytensor.com)<br />

OECD 20


t o p I c B: I n t e r n At I o n A l G u I d e l I n e s<br />

f o r mult I n At I o n A l enterprIse<br />

Statement of the Problem<br />

The OECD <strong>Guide</strong>lines for Multinational<br />

Enterprises are a set of internationally endorsed<br />

recommendations that aim to regulate multinational<br />

enterprises in abiding countries. Although the<br />

<strong>Guide</strong>lines are not legally binding, forty-two<br />

governments1 – accounting for 85 per cent of<br />

foreign direct investment – voluntarily encourage<br />

multinational corporations (MNCs) operating in their<br />

territory to observe the OECD principles.<br />

The <strong>Guide</strong>lines, part of the OECD Declaration<br />

on International Investment and Multinational<br />

Enterprises, “aim to ensure that the operations of these<br />

enterprises are in harmony with government policies,<br />

to strengthen the basis of mutual confidence between<br />

enterprises and the societies in which they operate, to<br />

help improve the foreign investment climate and to<br />

enhance the contribution to sustainable development<br />

made by multinational enterprises.” 28 To address this<br />

scope, the recommendations cover such issues as<br />

employment and industrial relations, environment,<br />

consumer interest, science and technology,<br />

competition, and taxation.<br />

Originally adopted by the OECD in 1976, the<br />

<strong>Guide</strong>lines have since been revised in 1979, 1984, 1991,<br />

2000, and most recently in May of 2011. The 2011<br />

revision has been of particular significance given the<br />

far-reaching structural changes in the international<br />

investment and multinational enterprise landscape.<br />

In April of 2010, the Working Party of the OECD<br />

Investment Committee approved a specific set of<br />

terms of reference to be included in the 2011 revision.<br />

These terms respond to altering consumption and<br />

production patterns, the rise of investment and MNCs<br />

among non-adhering countries, and low confidence<br />

prevailing after the financial crisis of 2008. 29<br />

The updated OECD <strong>Guide</strong>lines comprise of new<br />

provisions on human rights, workers and wages, and<br />

climate change. Nevertheless, the OECD Watch reports<br />

several shortcomings that remain to be addressed.<br />

Harvard <strong>World</strong>MUN 2012<br />

Even since the first round of agreements in 1995, the<br />

OECD guidelines have faced longstanding concerns. In<br />

particular, due to conflict among OECD governments<br />

and strong opposition from outside groups,<br />

negotiations often undermine policy recommendations<br />

by stipulating numerous exceptions and by weakening<br />

enforcement mechanism.<br />

In response, the task of the OECD body is to: (1)<br />

evaluate the effectiveness of the <strong>Guide</strong>lines in<br />

responding to the terms of reference and therefore also<br />

in responding to the changing international investment<br />

landscape, (2) consider the prevailing concerns of<br />

businesses, labor organizations, NGOs, and nonadhering<br />

nations, and (3) recommend specific<br />

objectives and implementation procedures. To get you<br />

started on your research, this background introduces<br />

the <strong>Guide</strong>lines and some of the existing criticism.<br />

The first section summarizes the history of the<br />

Enterprises and their regulation. Section III introduces<br />

the historical precedent for the OECD <strong>Guide</strong>lines.<br />

Section IV presents evaluation nuances. Section<br />

V summarizes the recent round of revisions, and<br />

Section VI concludes. This background information<br />

is intended to help you have a better framework for<br />

understanding and analyzing the OECD’s <strong>Guide</strong>lines<br />

for Multinational Enterprises. However, please be<br />

aware that there is much greater body of criticism<br />

available that you may wish to explore.<br />

History and Discussion of the Multinational<br />

Corporation Regulation<br />

The Multinational Enterprises Debate<br />

Multinational corporations (MNC), otherwise<br />

known as multinational enterprises (MNE),<br />

are organizations that manage the production or<br />

delivery of goods or services in more than one<br />

country. The International Labor Organization (ILO)<br />

formally defines an MNC as an organization that has<br />

management headquarters in a single home country,<br />

but operates in several host countries. Irrespective<br />

of how they are technically defined, multinational<br />

enterprises are a source of debate and negotiation in<br />

international relations. On one hand, some findings<br />

suggest that the presence of multinational enterprises<br />

can lead to lower labor standards and dependent<br />

OECD 21


This table exhibits the coverage of the OECD <strong>Guide</strong>lines as it compares to that of the UN Global Principles. As the<br />

table demonstrates, the OECD <strong>Guide</strong>lines mirror the UN’s goals. (http://www.oecd.org)<br />

Harvard <strong>World</strong>MUN 2012<br />

OECD 22


development in host countries. On the other hand,<br />

certain academics find that exposure to multinational<br />

enterprises are beneficial for labor standards. 30<br />

One group of thought argues that the presence of<br />

MNCs and trade openness are linked to inferior<br />

labor standards because competition incentivizes<br />

corporations in developing nations to reinforce lower<br />

standards. In other words, in order to attract business<br />

and trade nations lower existing regulatory standards.<br />

In their research,<br />

Elmslie and<br />

Milberg (1996)<br />

find historic<br />

evidence of this<br />

race to the bottom<br />

in the passage of<br />

the Fair Labor<br />

Standard Act of<br />

1938. Namely,<br />

when Congress<br />

passed the Fair<br />

Labor Standard<br />

Act, fierce<br />

competition<br />

between nations<br />

incentivized<br />

politicians to<br />

push for lower<br />

regulatory<br />

standards in the<br />

areas minimum<br />

wage, overtime<br />

compensation, and the employment of minors.<br />

Although their work centers on trade openness, there<br />

is concern that the same constraints apply to MNCs as<br />

well.<br />

Simultaneously, another group of theorists argues<br />

that a race to the bottom because of trade openness<br />

is virtually impossible. Wilson (1996), Lawrence<br />

(1996), Srinivasan (1996) and Krueger (1996) explain<br />

that firms cannot gain a competitive advantage by<br />

standards without pay increases because they are<br />

effectively cutting wages below a worker’s marginal<br />

value. So, competition for labor demand from other<br />

Harvard <strong>World</strong>MUN 2012<br />

employers would effectively force the firm to raise<br />

standards such that it becomes equivalent to a worker’s<br />

marginal value. In other words, these authors refute<br />

the race to the bottom on the grounds that competition<br />

demand for labor will sustain marginal value wages<br />

and standards.<br />

Specifically, some find that the presence of<br />

Multinational Enterprises and increased exposure to<br />

trade actually serves as a mechanism that enhances<br />

labor standards<br />

in developing<br />

countries.<br />

Voegel (1995)<br />

first formulated<br />

the idea of the<br />

California effect<br />

in the contexts of<br />

environmental<br />

issues. He<br />

suggested that<br />

when developing<br />

countries produce<br />

for foreign<br />

markets with<br />

superior labor<br />

standards they<br />

experience an<br />

upward trajectory<br />

in domestic<br />

standards. In the<br />

field of trade,<br />

Blanton and<br />

Blanton (2007) find that developing countries with<br />

better human rights attract more global production<br />

activities. Similarly, Garcia-Jonnson (2000) and Moran,<br />

Graham, and Blomstorm (2005) find evidence that<br />

multinational firms bring their “best practices” to<br />

developing nations and because of the magnitude<br />

of the externalities that they create in the market,<br />

these practices often diffuse throughout the domestic<br />

economy.<br />

Examples of Multinational Enterprise. (http://en.wordpress.com/)<br />

Regardless of the long term impacts that MNCs have<br />

on host nations, the best interest of MNCs do not<br />

necessarily align with those of host nations. “The<br />

OECD 23


egime of nation state is built on the principle that the<br />

people in any national jurisdiction have a right to try<br />

to maximize their well-being as they define it, within<br />

that jurisdiction. The MNC, on the other hand, is bent<br />

on maximizing the well-being of its stakeholders from<br />

global operations, without accepting any responsibility<br />

for the consequences of its actions in individual<br />

national jurisdictions.” 31 In this respect, countries<br />

both on a domestic and international scale have<br />

endeavored to standardize MNC activity.<br />

The Role of Multinational Enterprise Regulation<br />

Because of the potential benefits of hosting<br />

multinational enterprises, most governments have<br />

used national regulation to define the terms under<br />

which MNCs can operate within their borders. Some<br />

governments have used regulation in a proscriptive<br />

matter and others in a prescriptive matter – for<br />

instance, some nations have prohibited foreign firms<br />

Harvard <strong>World</strong>MUN 2012<br />

from engaging in certain activity while other nations<br />

have mandated that foreign firms engage in different<br />

activities. 32<br />

On a national level, developing countries initially<br />

viewed MNCs with unease in the postwar years.<br />

“The association of foreign companies with former<br />

colonial powers, their employment of expatriates in<br />

senior positions, their past history (real or imagined)<br />

of discrimination against local workers, and their<br />

embodiment of alien cultural values all contributed<br />

to the suspicion with which foreign [MNCs] were<br />

regarded.” 33 In response to these historically rooted<br />

concerns, most developing countries chose to regulate<br />

rather than to shut out Multinational Enterprise<br />

activity. Throughout the course of the late 1900s<br />

developing countries created regulatory regimes,<br />

imposed performance requirements, and sometimes<br />

limited the amount of profits that MCS affiliated could<br />

International Labor Organization. (http://www.arbormedia.nl)<br />

OECD 24


epatriate. Yet, restrictive-investment regimes yielded<br />

disappointing results (Jones 1996) and in response<br />

numerous developing countries have slowly moved<br />

towards greater openness, despite continued efforts to<br />

control MNC activity.<br />

In contrast, advanced industrialized countries<br />

have generally been more open to Foreign Direct<br />

Investment (FDI) and less determined to regulate<br />

MNC activity. Nonetheless, despite a greater tendency<br />

towards openness, advanced industrialized countries<br />

have been very sensitive to control of critical sectors.<br />

In 1985, the stock of FDI in the <strong>United</strong> States began<br />

increasing substantially (doubled over the course of<br />

an eight year period). This rapid increase immediately<br />

sparked concerns about foreign ownership of critical<br />

sectors such as computers and semiconductors.<br />

Government concerns became particularly evident<br />

when Congresses passed the Exon-Florio Amendment<br />

to the Defense Production Act of 1950 that enabled<br />

executive blocks of foreign acquisition of American<br />

firms for national security reasons (Graham and<br />

Marchick 2006).<br />

On an international scale, there is surprisingly no<br />

comprehensive set of rules governing multilateral<br />

activity. A partial set have been compiled by the <strong>World</strong><br />

Trade Organization and specific agreements have been<br />

agreed upon by a handful of countries – for instance,<br />

the investment chapter of the North American Free<br />

Trade Agreement (NAFTA). In addition, to date, the<br />

OECD guidelines are comprised of a set of regulations<br />

that are only somewhat binding. The principle<br />

reason why countries have been unable to design<br />

a compressive framework is because of the conflict<br />

between capital-exporting advanced industrialized<br />

countries and capital-importing developing countries.<br />

Developing countries maintain that it is their right to<br />

restrict foreign firms operating within their borders,<br />

whereas advanced industrialized countries maintain<br />

that it is their right to protect their investments<br />

irrespective of where they are. With such divergent<br />

goals, the regulation on MNCs has always been a<br />

problematic discussion. 34<br />

Harvard <strong>World</strong>MUN 2012<br />

Discussion of the OECD <strong>Guide</strong>lines for<br />

Multinational Enterprises<br />

OECD <strong>Guide</strong>line Coverage<br />

In June of 1979, the OECD ministerial Council<br />

announced that member country governments<br />

would begin to jointly enforce a set of common<br />

<strong>Guide</strong>lines to multinational enterprises operating<br />

within their territories. “Member countries should...<br />

accord to enterprises operating in their territories<br />

and owned or controlled directly or indirectly by<br />

nationals of another Member country…treatment<br />

under their laws, regulations and administrative<br />

practices, consistent with international law and no<br />

less favorable than that accorded in like situations<br />

to domestic enterprises (hereinafter referred to<br />

‘National Treatment’). 35 Although the coverage<br />

of the laws has evolved over time, at present the<br />

guidelines have specific provisions for such things as:<br />

employment, human rights, the environment, science<br />

and technology, competition, information disclosure,<br />

taxation, bribery, and consumer interest.<br />

In the areas of human rights, labor standards,<br />

the environment, and anti-corruption the OECD<br />

standards mirror the goals and principles of the UN<br />

Global Compact. In this way, the <strong>Guide</strong>lines serve<br />

as a means through which the OECD Investment<br />

Committee integrates the UN’s core values regarding<br />

substantial development into international investment<br />

strategy.<br />

Employment and Industrial Relations<br />

The <strong>Guide</strong>lines specify that MNCs must respect<br />

the right of bona fide employee representatives,<br />

must work to abolish child labor, and must eliminate<br />

both compulsory labor and employee discrimination.<br />

The standards towards which MNCs must uphold<br />

are those of comparable employers in the host<br />

countries. In addition, the OECD guidelines ask that,<br />

“in their operation, to the greatest extent practicable,<br />

[corporations should] employ local personnel.” 36<br />

It is worth noting that the OECD <strong>Guide</strong>lines do not<br />

define their own set of international labor standards;<br />

rather, they promote those created by the International<br />

Labor Organization (ILO). The ILO is an international<br />

OECD 25


organization whose objective is to define and enforce<br />

international labor standards as defined by the 1998<br />

Declaration on Fundamental Principles and Rights at<br />

Work. “The provisions of the <strong>Guide</strong>lines chapter echo<br />

relevant provisions of the 1998 Declaration, as well<br />

as the ILO’s 1977 Tripartite Declaration of Principles<br />

concerning Multinational Enterprises and Social<br />

Policy.” 37 In so doing, the Chapter on Employment and<br />

Industrial Relations echoes the fundamental principles<br />

of the ILO.<br />

Environment<br />

In regards to environmental protection, OECD<br />

<strong>Guide</strong>lines maintain that MNCs ought to consider<br />

Harvard <strong>World</strong>MUN 2012<br />

Labor Supply and Demand Equilibrium<br />

(http://www.flatworldknowledge.com)<br />

international agreements and objectives in the areas of<br />

environment, public health and safety, and sustainable<br />

development more generally. In other words, MNCs<br />

must maintain systems of environmental management,<br />

must imbed said considerations into the decisionmaking<br />

process, must be aware of scientific and<br />

technical risks, and must maintain contingency plans<br />

for mitigating serious environmental and health<br />

damage. 38<br />

These environmental principles reflect the<br />

objectives of the Rio Declaration on Environment<br />

and Development, the Convention on Access to<br />

Information, Public Participation in Decision-making,<br />

OECD 26


and Access to Justice in Environmental Matters, and<br />

ISO Standards.<br />

Combating Bribery<br />

One of the more explicit specifications of the<br />

<strong>Guide</strong>lines concerns bribery. The OECD specifies<br />

that enterprises should not engage in bribery, should<br />

employ only legitimate services, should enhance<br />

transparency & disclosure, should promote employee<br />

awareness of bribery, and should institute management<br />

systems that discourage any form of incentive<br />

misalignment. 39<br />

Consumer Interests<br />

The specifications pertaining to consumer interests<br />

cover fair business practices, marketing and<br />

advertising practices, and safety/quality of goods<br />

and services. This implies that MNCs should abide<br />

by health and safety customer requirements, that the<br />

contents of goods and services should be accurately<br />

labeled, and that corporations should be transparent<br />

(not misleading) and respectful of consumer privacy. 40<br />

Consumer interests were first briefly referenced in<br />

1984 following a wave of international trade expansion.<br />

Since 1984, electronic commerce has exponentially<br />

increased the access of goods and services provided by<br />

MNCs. For this reason, the 2011 Review used the work<br />

of the OECD Committee on Consumer Policy to draw<br />

up a chapter on consumer interest.<br />

Science and Technology<br />

In the area of science and technology, corporations<br />

are asked that they comply with national laws and<br />

regard the protection of intellectual property rights.<br />

What is more, the <strong>Guide</strong>lines suggest that corporations<br />

“perform science and technology development work<br />

in host countries to address local market needs,<br />

as well as employ host country personnel,” when<br />

appropriate. 41 In the mindset of impact, the <strong>Guide</strong>lines<br />

also specify that when relevant to commercial<br />

objectives, corporations should develop ties with local<br />

universities, research institutions, or industry.<br />

“The chapter thus aims to promote, within the limits<br />

of economic feasibility, competitiveness concerns and<br />

other considerations, the diffusion by multinational<br />

Harvard <strong>World</strong>MUN 2012<br />

enterprises of the fruits of research and development<br />

activities among the countries where they operate,<br />

contributing thereby to the innovative capacities of<br />

host countries.” 42<br />

Competition<br />

The term “competition” is taken to refer to laws that<br />

include both antitrust and antimonopoly measures,<br />

that prohibit collective or unilateral action that<br />

pertain to a) abuse of market power, b) the acquisition<br />

of market power by means other than effective<br />

performance, or c) or results in anti-competition<br />

agreements. 43<br />

The <strong>Guide</strong>lines emphasize competition in four regards.<br />

First, corporations are asked to refrain from fixing<br />

prices, engaging in collusive tenders, establishing<br />

output restrictions or quotas, or dividing up markets.<br />

Second, corporations are asked to abide by “applicable”<br />

laws that are relevant to their industry or corporate<br />

structure. Third, principles specify that corporations<br />

ought to co-operate with regulatory authorities. Lastly,<br />

they should promote internal compliance. 44<br />

Taxation<br />

The OECD specifies that multinational enterprises<br />

should comply with tax laws and regulations in all of<br />

the countries in which they operate. 45<br />

To deal with the cross border dynamics of taxation,<br />

the basic idea behind the commentary on taxation is<br />

that an MNC must cooperate with tax authorities so<br />

that tax liability is accurately identified. “A member<br />

of an MNC group in one country may have extensive<br />

economic relationships with members of the same<br />

MNC group in other countries. Such relationships<br />

may affect the tax liability of each of the parties.<br />

Accordingly, tax authorities may need information<br />

from outside their jurisdiction in order to be able to<br />

evaluate those relationships and determine the tax<br />

liability of the member of the MNC group in their<br />

jurisdiction.” 46<br />

Implementation Procedures of the OECD <strong>Guide</strong>lines<br />

The three main institutional elements of<br />

implementation are the National Contact Points,<br />

the OECD Investment Committee, the advisory<br />

OECD 27


committees of business and labor federation – BIAC<br />

and TUAC, respectively—and NGOs represented by<br />

the OECD Watch.<br />

Each adhering country has a National Contact Point<br />

(NCP), which is responsible for encouraging <strong>Guide</strong>line<br />

observance. “Adhering countries shall set up National<br />

Contact Points for undertaking promotional activities,<br />

handling inquiries and for discussions with the parties<br />

concerned on all matters covered by the <strong>Guide</strong>lines so<br />

that they can contribute to the solution of problems<br />

which may arise in this connection, taking due account<br />

of the attached procedural guidance.” 47<br />

The NCP, which meets on an annual basis, is primarily<br />

responsible for gathering information on national<br />

experiences, handling enquiries, and solving problems<br />

that arise in the application of <strong>Guide</strong>lines. Generally,<br />

the NCP deals with country specific problems in<br />

the country where the issue first arises. Although<br />

Harvard <strong>World</strong>MUN 2012<br />

OECD Ministerial Council. (http://www.oecd.org/)<br />

governments are given the flexibility to organize<br />

NCPs, NCPs are not only accountable to national<br />

constituencies, but also to their peers and the oversight<br />

Committee. The 2000 review enhanced accountability<br />

by calling NCP to report activity on an annual basis. 48<br />

The Investment Committee, formed in 2004,<br />

was created by the merger of the Committee<br />

on International Investment and Multinational<br />

Enterprises (CIME) and the Committee on Capital<br />

Movements and Invisible Transactions (CMIT). “The<br />

OECD Investment Committee is responsible for<br />

the OECD liberalization instruments in the field of<br />

international investment and services. It interprets<br />

and implements the 1976 Declaration and Decisions<br />

on International Investment and Multinational<br />

Enterprises and is the guardian of the Codes of<br />

Liberalization of Capital Movements and Current<br />

Invisible Operations.” 49 Effectively, the Committee is<br />

a monitoring body, a forum for discussion, and a peer<br />

OECD 28


eview facilitator.<br />

The <strong>Guide</strong>lines note that, “the [Investment] Committee<br />

shall periodically invite the Business and Industry<br />

Advisory Committee to the OECD (BIAC), and the<br />

Trade Union Advisory Committee to the OECD<br />

(TUAC) (the “advisory bodies”), as well as other nongovernmental<br />

organizations to express their views on<br />

matters covered by the <strong>Guide</strong>lines.” 50<br />

The Business and Industry Advisory Committee<br />

(BIAC) to the OECD is an independent international<br />

business that advises the OECD on various policy<br />

initiatives. The BIAC consistent is made up of 37<br />

policy groups who are responsible for covering (BIAC)<br />

major aspects of OECD work. 51 Since 1948 the Trade<br />

Union Advisory Committee (TUAC) to the OECD has<br />

served as an interface for trade unions with the OECD.<br />

Originally an advisory committee for the European<br />

Recovery Program – the Marshal Plan, TUAC has<br />

become an integral coordinator and advising body. 52<br />

Together, the National Contact Points and the<br />

Investment Committee heed the advice of the BIAC<br />

and the TUAC in furthering and implementing the<br />

full effectiveness of the <strong>Guide</strong>lines. That is, the bodies<br />

oversee the interpretation, implementation and<br />

revision of the OECD <strong>Guide</strong>lines to Multinational<br />

Enterprises.<br />

Evaluating the OECD <strong>Guide</strong>lines<br />

Despite numerous achievements, the OECD faces<br />

criticism on the substance and implementation<br />

of the <strong>Guide</strong>lines. Although the “<strong>Guide</strong>lines were<br />

updated… competitive pressures between States<br />

reflected through discretionary investment incentives<br />

are suspected to push foreign direct investment<br />

away from those having high standards to ones<br />

with comparatively lower levels.” 53 In order words,<br />

one problem is that despite the <strong>Guide</strong>line’s efforts<br />

investments are diverted away from countries with<br />

higher labor standards and placed in countries with<br />

lower standards. Nevertheless, it is worth noting that<br />

in order to facilitate cross-border investment nations<br />

must agree upon performance baselines and their<br />

enforcement.<br />

Harvard <strong>World</strong>MUN 2012<br />

Objections to the <strong>Guide</strong>line Methodology<br />

In terms of the overall tone, the <strong>Guide</strong>lines do not<br />

make clear fundamental principles such as what<br />

constitutes an MNC or what the overall approach<br />

is in dealing with them. Various passages of the<br />

<strong>Guide</strong>lines simply do not specify clear legal definitions<br />

and principles. This is an integral concern in the<br />

implementation of the <strong>Guide</strong>lines because although<br />

the <strong>Guide</strong>lines are binding on adherent nations they<br />

are not binding on MNCs themselves. 54 As such, it<br />

is up to each individual nation to enforce the agreed<br />

upon principles. However, though the original draft<br />

specified that since multinationals could make positive<br />

economic and social contributions their activities<br />

could be facilitated at the same time that it specified<br />

that there should be no difference in the treatment<br />

of multinational and domestic enterprises. “The<br />

<strong>Guide</strong>lines are not aimed at introducing differences<br />

of treatment between multinational and domestic<br />

enterprises; they reflect good practice for all.” 55<br />

Moreover, the first draft of the <strong>Guide</strong>lines made it clear<br />

that, “a precise definition of multinational enterprises<br />

is not required for the purposes of the <strong>Guide</strong>lines.<br />

These usually comprise companies or other entities<br />

established in more than one country and so linked<br />

that they may co-ordinate their operations in various<br />

ways.” 56<br />

To implement fundamental principles, the <strong>Guide</strong>lines<br />

require two forms of disclosure. “The first set of<br />

recommendations call for timely and accurate<br />

disclosure on all material matters regarding the<br />

corporation, including the financial situation,<br />

performance, ownership and governance of the<br />

company.” 57 In addition, the guidelines encourage the<br />

disclosure/communication of practices in instances<br />

where reporting standards are still evolving (i.e.<br />

social, environment, and risk reporting). 58 Specifically,<br />

“enterprises should ensure that timely, regular, reliable<br />

and relevant information is disclosed regarding<br />

their activities, structure, financial situation and<br />

performance. This information should be disclosed for<br />

the enterprise as a whole and, where appropriate, along<br />

business lines or geographic areas.” 59<br />

Yet, the contentious debate surrounding disclosure<br />

OECD 29


has been on how to define ‘geographic areas.’ When<br />

the <strong>Guide</strong>lines were first drafted, the Netherlands and<br />

the Scandinavian countries wanted to see country and<br />

entity specific disclosure, whereas the <strong>United</strong> States<br />

and Switzerland would not agree to such specificity.<br />

To deal with this disagreement the wording of the<br />

provisions has been kept vague in order to allow<br />

enterprises to determine whether a country or a group<br />

of countries is a more appropriate definition for a<br />

particular circumstance. 60 This reasoning has come<br />

under heavy criticism. “The wording of the provisions<br />

on the disclosure of information is so ‘vague’ that<br />

it leaves the door open to any interpretation, and<br />

that fact is bound to create difficulties in the MNCs<br />

relations with the host countries.” 61<br />

What is more, from an implementation perspective,<br />

“the <strong>Guide</strong>lines are not enforced per se: States are<br />

responsible for promoting their implementation,<br />

principally through NCPs, and in the vent of a dispute,<br />

business, trade unions and other interested parties<br />

may question their application to the particular<br />

circumstances.” 62 This heterogeneous system in which<br />

Diversification Induces Markets to Allocated Investments Internationally.<br />

(http://blog.oregonlive.com)<br />

Harvard <strong>World</strong>MUN 2012<br />

states have the capacity to override transparency<br />

objectives has allowed for contrasting results among<br />

adhering states, prompting TUAC to describe NCP<br />

measures as ‘empty shells.’<br />

Changes in the Global Investment Environment &<br />

Focus Points<br />

Since the 1970’s, international business has<br />

experienced far-reaching structural changes and<br />

the <strong>Guide</strong>lines have attempted to evolve to reflect these<br />

changes. Given the rise of service and knowledgeintensive<br />

industries and the expansion of economic<br />

activity on the Internet, service and technology<br />

enterprises have come to play an increased role in<br />

the international marketplace. In addition, although<br />

large enterprises still account for major shares of<br />

international investment, small and medium-sized<br />

corporate have played a significantly larger role in the<br />

international science and both large and small have<br />

evolved to encompass broader ranges of organizational<br />

arrangements. 63<br />

Over the past decade, the world economy has<br />

witnessed new and complex<br />

production and consumption<br />

patterns. Non-OECD countries<br />

have continued to attract<br />

increasing shares of worldwide<br />

investment and consequentially<br />

non-adhering countries have<br />

become increasingly important<br />

in international relations. And<br />

yet, the financial crisis of 2007<br />

triggered an enormous loss of<br />

confidence in markets and has<br />

thus accentuated the need to<br />

involve governments, private<br />

sectors, and social standards in<br />

new efforts to improve business<br />

conduct. 64<br />

Multinational Enterprises<br />

have also rapidly evolved their<br />

activities in the developing<br />

working. In countries<br />

throughout Latin America<br />

OECD 30


and East Asia, MNCs have “diversified beyond<br />

primary production and extractive industries<br />

into manufacturing, assembly, domestic market<br />

development and services.” 65 These activities have<br />

given rise to stronger linkages between regions of<br />

the world and have facilitated productivity gains,<br />

technology transfer, and the development of human<br />

capital.<br />

Simultaneously, the “nature, scope, and speed of<br />

economic changes have presented new strategic<br />

challenges for enterprises and their stakeholders.” 66<br />

In this regard, not only are the OECD <strong>Guide</strong>lines<br />

challenged by principle rigidities, but also the<br />

<strong>Guide</strong>lines are tested by their ability to adapt<br />

to a rapidly changing investment environment.<br />

Specifically, social and regulatory competition has<br />

incentivized enterprises to respond to public concerns<br />

and demonstrate corporate citizenship and good<br />

business practices. In working towards the same goal,<br />

governments and international organizations have<br />

moved to strengthen standards in order to capitalize<br />

upon welfare improvement initiatives.<br />

Revising the OECD <strong>Guide</strong>lines<br />

The <strong>Guide</strong>lines have previously been reviewed in<br />

1979, 1982 via a mid-term report, 1984, 1991, 2000,<br />

and May 2011. In each round of reviews, multinational<br />

enterprises have argued to limit the amount of changes<br />

to the text and the implementation mechanism. Indeed,<br />

throughout the course of earlier reviews Member States<br />

have argued that effective enforcement is contingent<br />

upon guideline stability. This attitude has often resulted<br />

in few textual revisions. For instance, in 1979 Member<br />

States agreed upon only one amendment pertaining<br />

to collective bargaining. In more recent examples the<br />

frequency of changes has increased, but success is still<br />

contingent upon consensus agreement.<br />

In 1998 modifications were made that increased<br />

protection of consumer interests and collective<br />

bargaining disclosure. Then in 1991, the OECD<br />

created the Chapter on Environmental Protection. In<br />

the 2000 Review the imperative became to reassert<br />

national credibility in light of OECD guidelines<br />

concerns. Following the 2000 Review, the Ministerial<br />

Harvard <strong>World</strong>MUN 2012<br />

Conference Chairman, Mr. Peter Costello, asserted<br />

that the recent round of reviews consisted of the most<br />

“far reaching” changes to the <strong>Guide</strong>lines since their<br />

introduction in 1976. Yet numerous reviews have<br />

found that while the Chairman’s sentiments pertained<br />

to textual development, they did not improve the<br />

implementation mechanism of the Multinational<br />

Enterprise <strong>Guide</strong>lines<br />

A little more than a year before the latest round<br />

of revisions, in May of 2010, the 42 adherent<br />

governments began defining terms of reference for<br />

carrying out an update. Although their aim was not to<br />

embark on a revision of the scale of the 2000 Review,<br />

they sought to address both fundamental challenges<br />

and changes in the international investment regime.<br />

The terms of reference cover substantive, procedural,<br />

and institutional issues relating to specific sections of<br />

the <strong>Guide</strong>lines.<br />

Substantive<br />

The first substantive discussion the body was asked<br />

to address was the adoption of further guidance<br />

on the application of supply chains. Specifically, the<br />

2011 review took into account the 2003 Investment<br />

Committee discussion and recent discussion by<br />

UN Secretary-General for Business and Human<br />

Rights (UNSRSG). In response to the financial crisis,<br />

the update investigated how “the instruments and<br />

tools that have emerged on responsible lending or<br />

investment by financial institutions – such as the IFC<br />

Policy and Performance Environmental and Social<br />

Standards (last revised in 2006), the Equator Principles<br />

(2003, 2006), the UN Principles of Responsible<br />

Investment (2005), and the OECD <strong>Guide</strong>lines for<br />

Pension Fund Governance (2009) – could assist<br />

in clarifying the application of the <strong>Guide</strong>lines to<br />

multinational finance institutions, including by<br />

introduction specific provisions in the <strong>Guide</strong>lines for<br />

the purpose.” 67<br />

In respect to human rights, the Terms of Reference<br />

suggested that the <strong>Guide</strong>lines elaborate and include,<br />

when appropriate, the work of the UNSRSG. “Such<br />

additional guidance would also take into account due<br />

diligence recommendations under development by the<br />

OECD 31


UNSRSG and the guidance provided on other human<br />

rights aspects by the OECD Risk Awareness Tool, such<br />

as management of security forces and relationship with<br />

local communities and indigenous people” 68<br />

Building upon the adoption of the 2009<br />

Recommendation for Further Combating Bribery<br />

of Foreign Officials in International Business<br />

Transactions and ongoing work, the adhering<br />

countries agreed that Chapter VI could elaborate<br />

on: facilitation payments, the use of agents or other<br />

intermediaries, bribe solicitation and extortion,<br />

whistleblower protection, and measures for bribery<br />

prevention.<br />

Although there are several other significant substantive<br />

recommendations, the final one mentioned in this<br />

background guide concerns taxation. After some<br />

debate, the terms of reference came to specify that the<br />

OECD examine “whether the relevant chapter of the<br />

<strong>Guide</strong>lines should include provisions on the public<br />

disclosure of taxes, royalties, and other payments made<br />

to host governments.” 69<br />

Procedural & Institutional Provisions<br />

This section of the Terms of Reference aims to<br />

reconsider implementation procedures and<br />

how they seek to enhance <strong>Guide</strong>line awareness and<br />

visibility. To do that, nations agreed that the 2011<br />

revision ought to provide greater respect for individual<br />

circumstance through specific provisions, proliferate<br />

the corporate responsibility measures embedded in<br />

the OECD guidelines, and strengthen monitoring<br />

and implementation. At the same time, there was<br />

clear preference for clarifying OECD co-operation<br />

proceedings, peer reviews, and follow-up work<br />

programs.<br />

Modalities<br />

The concluding section of the Terms of Reference<br />

specifies that the OECD should consult with key<br />

stakeholders and non-adhering countries throughout<br />

the review process. These include but are not limited<br />

to: the BIAC, the TUAC, the OECD Watch, interested<br />

non-adhering countries – with preference to major<br />

emerging markets, the ILO, the UN, the UNEP<br />

Finance Initiative, and the International Organization<br />

Harvard <strong>World</strong>MUN 2012<br />

for Standardization (ISO). These consulting actors<br />

will likely serve as key actors throughout the course of<br />

the conference because they are an integral part of the<br />

OECD’s review process. 70<br />

Conclusion<br />

The initial reactions by States to the 2000 and 2011<br />

revisions were quite favorable. NCPs gained a new<br />

role in ensuring prospective corporate compliance, the<br />

committee responded to NGO efforts to enhance the<br />

<strong>Guide</strong>lines, and the text fundamentally became more<br />

specific. At the same time, the additional new details<br />

meant greater exception clauses, and the NCPs’ role<br />

is still hindered by lack of enforcement mechanisms.<br />

Bearing in mind the fundamental ideas presented in<br />

this study guide, your task is to evaluate the pending<br />

long-standing criticism and new challenges in order to<br />

(1) identify the progress of the 2011 Revision as it was<br />

designed by the Terms of Reference and (2) identify<br />

prospective recommendations. In effect, you will be<br />

designing the first draft of the next round’s Terms of<br />

Reference. In order to do so, I urge you to consider the<br />

following questions.<br />

Questions a Resolution Must Answer<br />

How successful are the present <strong>Guide</strong>lines at attaining<br />

the OECD’s objectives and regulate the MNC<br />

behavior?<br />

What substantive and procedural measures fail to meet<br />

the objectives of the OECD in the context of today’s<br />

investment climate? And in regard to those measures<br />

what and how should the next OECD review integrate<br />

new changes?<br />

How effective has the 2011 review been in preparing<br />

the <strong>Guide</strong>lines for Multinational enterprises to deal<br />

with present challenges? In other words, has the 2011<br />

review failed to integrate any imperative changes?<br />

What can the OECD do to better integrate the<br />

comments and concerns of stakeholders and nonadhering<br />

countries?<br />

What is the capacity of the <strong>Guide</strong>lines to maintain<br />

current targets before new terms of reference and<br />

revisions are necessary?<br />

OECD 32


Key Actors, Organizations, and Country<br />

Positions<br />

The politics of Multinational Organizations and<br />

their regulation emerge from the competing<br />

interests of home countries, host countries, MNCs,<br />

and activist organizations. “Each group has distinctive<br />

interests regarding FDI. MNCs want to operate freely<br />

across the globe, with few government-imposed<br />

restrictions on their activities. Host countries want to<br />

ensure that the MNCs operating within their borders<br />

provide benefits to the local economy that offset the<br />

loss of decision-making authority that is inherent in<br />

foreign ownership. The home countries of the MNCs<br />

want to ensure that their firms’ overseas investments<br />

are secure.” 71 The conflicting interests of each entity<br />

make for heated political debate and stalemate in the<br />

realm of international regulation.<br />

In formulating your country position, there are several<br />

important factors that you should consider that<br />

influence an actor’s interests. “First of all, developing<br />

countries have been more vulnerable to foreign<br />

domination than advanced industrialized countries<br />

have been. The advanced industrialized countries<br />

have larger and more diversified economies than<br />

the developing countries; consequentially, a foreign<br />

affiliate is more likely to face competition from<br />

domestic firms in an advanced industrialized country<br />

than a developing country.” 72 This means that because<br />

foreign firms are more likely to dominate business in<br />

developing countries than they are in industrialized<br />

countries, advanced industrialized countries often feel<br />

less compelled to regulate MNC activity.<br />

Second, political science finds that there is a “strong<br />

correlation between a country’s role as a home for<br />

MNCs and its policies towards inward FDI. The two<br />

largest foreign investors during the last 140 years – the<br />

<strong>United</strong> States and the <strong>United</strong> Kingdom – also have<br />

been the most open to inward foreign investment.”<br />

73 The implications are that because developing<br />

countries typically host MNCs, their concerns are<br />

more specific to host-country issues.<br />

Finally, there are fundamental differences on how<br />

governments approach state interventions by MNCs<br />

Harvard <strong>World</strong>MUN 2012<br />

in their national economics. “The two governments<br />

that were the most restrictive towards FDI, Japan<br />

and France, were also the two governments that<br />

relied most heavily on industrial policies to promote<br />

domestic economic activity. Thus attempts to regulate<br />

MNC activity were most likely in countries where<br />

governments played a large role in the economy.” 74<br />

When thinking about the OECD guidelines, I advise<br />

that you consider your country’s relation with MNCs<br />

and consequentially <strong>Guide</strong>line preferences.<br />

A final group or organizations that are active in this<br />

debate, are those that comment, participate, and<br />

implement corporate standards on any level or scale.<br />

Some of these key actors are either a part of the<br />

OECD discussion process or comment on OECD<br />

developments: <strong>United</strong> <strong>Nations</strong> Conference on Trade<br />

and Development (UNCAD), International Trade<br />

Organization (ITO), International Labor organization<br />

(ILO), <strong>World</strong> Trade Organization (WTO), <strong>World</strong><br />

Bank (WB), and International Monetary Fund (IMF).<br />

Moreover, the <strong>Guide</strong>lines are also inspired by region<br />

or topic specific trade organization initiatives: Social<br />

Investment Forum, EuroSIF, and <strong>United</strong> <strong>Nations</strong><br />

Environment Programme & the Principles for<br />

Responsible Investment.<br />

Suggestions for Further Reading<br />

In order to understand the basis of multinational<br />

regulation, the best starting point is the OECD<br />

website. Some of the relevant publications on this<br />

topic area are: (1) Annual Reports on the <strong>Guide</strong>lines<br />

for Multinational Enterprises, (2) OECD Risk<br />

Awareness Tool for Multinational Enterprises, and<br />

(3) The Investment Newsletter. In addition, the<br />

OECD regularly published Global Forum minutes,<br />

Roundtable agreements, and special on MNCs. I highly<br />

encourage you to look through these documents in<br />

order to get a better picture of both how the <strong>Guide</strong>lines<br />

have evolved over time and general prevailing<br />

discussions.<br />

For country specific research, I suggest that you look<br />

through OECD Investment Policy Reviews. These<br />

comprehensive reports dive into every aspect of a<br />

country’s Investment Policy and evaluate progress in<br />

OECD 33


key goal areas. Although these reports will provide<br />

useful insight into what measures a particular country<br />

is interested or not interested in, they will not provide<br />

insight on political dynamics. So in order to gage<br />

OECD debate dynamics, useful readings will be the<br />

Reports by the Chairs of the National Contact Points<br />

Meeting and the conference minutes.<br />

Besides the OECD, numerous organizations comment<br />

on and evaluate the OECD: BIAC, TUAC, the ILO,<br />

the UN, the UNEP Finance Initiative, the ISO, and the<br />

IMF. The publications compiled by these organizations<br />

along with those written by various activist<br />

organizations outline some of the critical faults of the<br />

OECD’s guidelines and by what means the next review<br />

may improve the current body of regulations.<br />

Some additional interesting materials include but are<br />

not limited to:<br />

1. Obsolescing Bargaining <strong>Model</strong> & Application –<br />

Theodore H. Moran’s Multinational Corporations<br />

and the Politics of Dependence: Copper in Chile<br />

(1974)<br />

2. Government Regulatory Measures – A.E. Safarain’s<br />

Multinational Enterprises and Public Policy: A<br />

<strong>Study</strong> of Industrial Countries (1993)<br />

3. Overview of international negotiations over<br />

investment rules – “<strong>United</strong> <strong>Nations</strong> Efforts<br />

to International Regulation of Transnational<br />

corporations,” in Legal Aspects of the New<br />

International Economic Order, Kamal Hossain<br />

(1980)<br />

4. Response to MNC Criticisms – Edward M.<br />

Graham’s Fighting the Wrong Enemy: Antiglobal<br />

Activities and Multinational Enterprises (2000)<br />

As iterated earlier, although there are a variety of<br />

information sources available on the Web, please do<br />

make sure to evaluate the information sources carefully<br />

and be sure to only seek out reliable work. Best of luck<br />

and enjoy the research process!<br />

Harvard <strong>World</strong>MUN 2012<br />

Bibliographic Essay<br />

Ark, Bart van, Mary O’Mahony and Marcel P. Timmer<br />

(2008), ‘The Productivity Gap between Europe and the<br />

<strong>United</strong> States: Trends and Causes’, Journal of Economic<br />

Perspectives, Vol. 22, No. 1, Winter, 25–44.<br />

Atkinson, Robert D. “Boosting European Prosperity<br />

Through the Widespread Use of ICT.” November 2007.<br />

The Information Technology and Innovation Foundation.<br />

13 June 2001 <br />

BIAC. 1 September 2011. .<br />

Blanton, Shannon Lindsey, and Robert G. Blanton.<br />

2007. “What Attracts Foreign Investors? An Examination<br />

of Human Rights and Foreign Direct Investment.”<br />

Journal of Politics 69 (1): 143–55.<br />

Brussels, European Commission, pp. 1-12.<br />

http://eurlex.europa.eu/LexUriServ/LexUriServ.<br />

do?uri=COM:2004:0002:FIN:EN:PDF<br />

Commission of the European Communities (2006),<br />

“Directive of the European Parliament and of the<br />

Council on Services in the Internal Market,” Brussels,<br />

European Commission, December. http://ec.europa.<br />

eu/internal_market/services/servicesdir/proposal_<br />

en.htm#20060328_3<br />

Commission, European. “Europe 2020 A strategy for<br />

smar, sustainable and inclusive growth.” Communication<br />

From the Commission. Brussels, 2010.<br />

“Countries - Turkey.” 1 June 2009. European Commission<br />

- Trade. 16 June 2011 .<br />

“Creating an Innovative Europe.” European Commission,<br />

2006.<br />

Dew-Becker, Ian and Robert J. Gordon. “The Role of<br />

Labour-Market Changes In the Slowdown of European<br />

Productivity Growth.” CEPR Version (2008).<br />

Directorate General for Economic and Financial<br />

Affairs (2009), Economic Crisis in Europe: Causes,<br />

OECD 34


Consequences and Responses, Brussels, European<br />

Commission, pp. 1-103. http://ec.europa.eu/economy_<br />

finance/publications/publication15887_en.pdf<br />

“Directive of the European Parliament and of the<br />

Council on Services in the Internal Market.” Commission<br />

Staff Working Paper (2004).<br />

“Economic Survey of the European Union 2009.”<br />

OECD, 2009.<br />

“EU shows strong growth of productivity in 2006.” 05<br />

November 2007. Europa - Press Release. 10 June 2011<br />

.<br />

Elmslie, B. and Milberg, W. (1996), “Free Trade and<br />

Social Dumping: Lessons from the Regulation of US<br />

Interstate Commerce”, Challenge, May-June.<br />

“Europe 2020.” Communication From the Commission<br />

(2010 ).<br />

“Europe’s Digital Competitiveness Report .” Annual<br />

Report. European Commission , 2009.<br />

Garcia-Johnson, Ronie. 2000. Exporting Environmentalism:<br />

U.S. Multinational Chemical Corporations in<br />

Brazil and Mexico. Cambridge, MA: MIT Press.<br />

Germidis, A. and Maria Negreponti. Distribution In<br />

Greece: A Case <strong>Study</strong> . Washington: OECD Publications,<br />

1975.<br />

Graham, Edward M., and David M. Marchick. 2006.<br />

U.S. national security and foreign direct investments.<br />

Washington, DC: Institute for International Economics.<br />

Hagg, Claes. “The OECD <strong>Guide</strong>lines for Multinational<br />

Enterprises: A Critical Analysis.” Journal of Business<br />

Ethics 3.1 (1984): 71-76.<br />

Inklaar, Robert, Marcel P. Timmer, and Bart van Ark<br />

(2008), “Market Services Productivity across Europe<br />

and the U.S.,” Economic Policy, Vol. 23, No. 53, Janu-<br />

Harvard <strong>World</strong>MUN 2012<br />

ary, pp. 141-194.<br />

Jones, Geoffreu. 1996. The evolution of international<br />

business: An introduction. London: Routledge.<br />

Jorgenson, Dale W. (2009), “Introduction,” Economics<br />

of Productivity, Northampton, MA, Edward Elgar, pp.<br />

ix-xxviii. http://www.economics.harvard.edu/faculty/<br />

jorgenson/files/EconOfProductivity_Elgar_2009.pdf<br />

Juan Francisco Jimeno-Serrano, Esther Moral and<br />

Lorena Saiz, “Structural Breaks in Labor Productivity<br />

Growth: The <strong>United</strong> States vs. the European Union,”<br />

Banco de Espana Research Paper WP-0625 (6 Oct.<br />

2006).<br />

Krueger, A.B. (1996), “Technology, Trade and Factor<br />

Prices”, National Bureau of Economic Research<br />

(NBER) Working Paper No. 5355.<br />

Lawrence, R.Z. (1996), Single <strong>World</strong> Divided <strong>Nations</strong>?<br />

International Trade and OECD Labour Markets,<br />

OECD Development Center, Paris.<br />

Levine, Deborah and Polya Lesova. “Euro sinks to lowest<br />

this month vs. dollar.” Market Watch 15 June 2011.<br />

Lisbon European Council (2000), “Conclusions of the<br />

Presidency,” Luxembourg, Official<br />

Publications of the European Communities, March<br />

23-24. http://www.europarl.europa.eu/summits/lis1_<br />

en.htm<br />

Moran Theodore, Edward M. Graham, and Magnus<br />

Blomstrom, eds. 2005. Does Foreign Direct Investment<br />

Promote Development? Washington, DC: Institute for<br />

International Economics.<br />

Morgan, Iwan. “Why the US outstrips Europe for<br />

population growth.” BBC News 23 December 2010.<br />

Moran, Michael. Timeline: Global Economy in Crisis .<br />

April 2010 .<br />

O’Mahony, Mary, and Marcel P. Timmer (2009), “Output,<br />

Input and Productivity Measures at the Industry<br />

Level: the EU KLEMS Database”, Economic Journal,<br />

Vol. 119, No. 538, June, pp. F374-F403.<br />

OECD 35


“Opening to the <strong>World</strong>: International Cooperation<br />

in Science and Technology.” European Commission,<br />

2008.<br />

Oatley, Thomas. Internatonal Political Economy<br />

Fourth Edition. New York: Pearson Education Inc. ,<br />

2010 .<br />

OECD. 1 September 2011 .<br />

OECD. 1 September 2011. .<br />

OECD. 1 September 2011


23 Opening to the world: International<br />

Cooperation in Science and Technology<br />

24 Wyplosz<br />

25 EU shows strong growth of productivity in<br />

2006<br />

26 Alesina<br />

27 Countries - Turkey<br />

28 OECD <strong>Guide</strong>lines 9<br />

29 OECD <strong>Guide</strong>lines for Multinational<br />

Enterprises: Recommendations For Responsible<br />

Business Conduct in A Global Context 11<br />

30 Tully 394-396<br />

31 Vernon 28<br />

32 Oately 190<br />

33 Jones 291<br />

34 Oatley 205<br />

35 <strong>Guide</strong>lines 7-8<br />

36 <strong>Guide</strong>lines 18<br />

37 <strong>Guide</strong>lines 43s<br />

38 <strong>Guide</strong>lines 19-20<br />

39 <strong>Guide</strong>lines 21<br />

40 <strong>Guide</strong>lines 22<br />

41 <strong>Guide</strong>lines 23<br />

42 <strong>Guide</strong>lines 51<br />

43 <strong>Guide</strong>lines 51<br />

44 <strong>Guide</strong>lines 24<br />

45 <strong>Guide</strong>lines 25<br />

46 <strong>Guide</strong>lines 53<br />

47 <strong>Guide</strong>lines 30<br />

48 OECD Website<br />

49 OECD Website<br />

50 <strong>Guide</strong>lines 30<br />

51 BIAC Website<br />

52 TUAC Website<br />

53 Tully 2004<br />

54 Hagg 71<br />

55 <strong>Guide</strong>lines 12<br />

56 <strong>Guide</strong>lines 12<br />

57 <strong>Guide</strong>lines 27<br />

58 Hagg 72<br />

59 <strong>Guide</strong>lines 15<br />

60 Hagg 71<br />

61 Germidis and Negreponti 204 (Hagg)<br />

62 Tully 400<br />

63 <strong>Guide</strong>lines 11<br />

64 OECD Website<br />

65 <strong>Guide</strong>lines 12<br />

66 <strong>Guide</strong>lines 13<br />

67 Terms of Reference 3<br />

68 Terms of Reference 4<br />

69 Terms of Reference 5<br />

70 Terms of Reference 8<br />

71 Oately 211-212<br />

72 Oately 204<br />

73 Oately 204<br />

74 Oately 204

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