Technical Assistance
OUR MISSION
Our mission is to ensure that law is used and practiced effectively in countries and across borders to achieve sustainable and inclusive growth. We facilitate sustainable human development and the implementation of the Sustainable Development Goals through the adoption of rationale international and best practice law, regulation and institutional capacity.
OUR APPROACH
Our approach is to “de-risk” sustainable development through the rule of law.
All investment and the growth it drives comes with risk; commercial and economic law exists in large part to reduce this risk and allow parties to allocate risk according to their tolerance for it. All of ILI’s programming models have risk reduction at their core to help move investment and growth along more smoothly for everyone.
- We empower economies through law reform and building local legal and regulatory capacity to facilitate economic opportunity for all. We approach law reform both from the top at the government level and from the bottom, relying on the people who do business at every level of the economy. The rule of law can’t work without them.
- We support adaptive implementation of international standards and best practice through legal and institutional reform and through building capacity among those who rely on the law. In collaboration with international institutions and local governments, we conduct assessments, prepare gap analyses based on international standards and best practices, formulate strategic recommendations and draft laws, regulations and rules.
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Finally, with observer status at the three principal economic law standards-setting bodies, UNCITRAL, UNIDROIT and the Hague Conference on Private International Law, we help translate need in developing countries into pragmatic international legal and regulatory solutions. We help create the international standard itself.
OUR WORK
Sample Projects
Asset-Based Lending: Legal and Regulatory Reforms
- Client: World Bank Group / International Finance Corporation
- Countries: Azerbaijan, Georgia, Haiti, Morocco, Nepal, Pakistan, Tajikistan, Timor-Leste, Ukraine, United Arab Emirates, Uzbekistan
- Description: ILI’s team of experts provides technical assistance on private law and financial regulation pertaining to a country’s asset-based lending environment. We conduct research and assessments of legal and regulatory frameworks, analyze local practices, identify gaps against international standards, and offer recommendations on reforms and implementation. Our work contributes to the development and de-risking of asset-based lending markets, the deployment of new financing products like factoring and warehouse receipts financing, builds local capacity and increases financial inclusion.
New Finance Products
- Client: European Bank for Reconstruction and Development
- Countries: EBRD member countries
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Description: ILI’s Marek Dubovec, Director of Law Reform Programs, co-authored and co-led a team that developed the substantive content for the EBRD’s New Finance Report: Receivables Finance for MSME Resilience and Economic Growth.
This Report is expected to incentivize the implementation of policies, laws and regulations that facilitate supply chain finance, including factoring.
- Client: UNIDROIT
- Description: Marek Dubovec, Director of Law Reform Programs at ILI was a member of UNIDROIT’s Working Group on Digital Assets and Private Law that developed the Principles on Digital Assets and Private Law, adopted by UNIDROIT’s Governing Council in May 2023. The Principles aim to enhance predictability for transfers, custody and use of digital assets as collateral, including Bitcoin, NFTs, and CBDCs, among others. One of the most important aspects of these Principles are the protections for customers of insolvent custodians of digital assets.
- Client: UNIDROIT
- Description: UNIDROIT’s Working Group on a Model Law on Factoring undertook the project to draft a model law on factoring in 2018 for three reasons: factoring is an increasingly important financing product that expands access to credit (e.g., 2019 global factoring volume stood at 2.9 trillion euros); lack of guidance for countries to develop their legal frameworks on factoring; and the ongoing constraints in access to credit particularly in developing and emerging markets. Marek Dubovec was a member of the Working Group and a Drafting Committee. UNIDROIT’s Governing Council adopted the Model Law on Factoring in May 2023. Marek continues to advise the UNIDROIT’s Secretariat on the Guide to Enactment to the Model Law.
Movable Property Security Rights
- Client: FSD Kenya
- Countries: Kenya