Study Guide - World Model United Nations
Study Guide - World Model United Nations
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 />
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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 />
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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 />
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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 />
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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 />
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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 />
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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 />
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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 />
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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 />
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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 />
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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 />
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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