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Evaluation of Commonwealth Secretariat Assistance to Member States in Trade Law

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Evaluation of Commonwealth Secretariat Assistance to Member States in Trade Law EVALUATION SERIES No. 82 EVALUATION OF COMMONWEALTH SECRETARIAT ASSISTANCE TO MEMBER STATES IN TRADE LAW Professor David Luff (Appleton Luff International Lawyers) March 2009 Strategic Planning and Evaluation Division Commonwealth Secretariat Marlborough House, Pall Mall London SW1Y 5HX United Kingdom ii TABLE OF CONTENTS Page LIST OF ABBREVIATIONS viii ACKNOWLEDGMENTS x CHAPTER 1. EXECUTIVE SUMMARY 1 CHAPTER 2. INTRODUCTION AND METHODOLOGY 7 7 I. Objectives 8 II. Results to be achieved 9 III. Overall Methodology CHAPTER 3. OVERVIEW OF THE TRADE LAW SUB-PROGRAMME 11 11 I. The Trade Law sub-programme‟s objective and strategic orientation 12 II. The Trade Law sub-programme‟s activities 17 III. The Trade Law sub-programme‟s staff 18 IV. The budget, level of expenditure, and administrative infrastructure of the trade law sub-programme 18 V. Sub-programme‟s institutional context: 18 a. The Special Advisory Services Division (SASD) 19 b. The Economic and Legal Section (ELS) 19 VI. Other trade-related programmes within the Commonwealth Secretariat 19 a. The SASD‟s Trade Section 20 b. The International Trade and Regional Cooperation Section (ITRC) within the Economic Affairs Division (EAD) 21 c. The Hubs & Spokes project within the Office of the Deputy Secretary General (ODSG) 22 d. Technical Advisor at the ACP Geneva Office (technical ACP Adviser) 22 e. Technical Advisor at the Pacific Islands Forum Mission (technical PIF Adviser) 23 f. Inter-divisional Committee on Trade 23 VII. Other programmes of the Commonwealth Secretariat with trade implications 23 a. The SASD Enterprise and Agriculture Section (EAS) iii 23 b. The EAD‟s small States Section 24 c. The Gender Section within the Social Transformation Programmes Division (STDP) 24 d. The STDP‟s Education Section 25 e. The STDP‟s Health Section 25 f. The Governance and Institutional Development Division (GIDD) 25 g. The Legal and Constitutional Affairs Division (LCAD) 25 VIII. Processes within the Commonwealth Secretariat pertaining to trade law assistance a. Mechanisms used for the receiving of requests, the routing of 25 requests, the commitment of funds and the release of expenditures. 26 b. The Project Management and Referrals Unit of the Secretariat (PMRU) 26 c. Synergies with the other programmes of the Commonwealth Secretariat during the Evaluation Period. 27 d. Feedback and lessons learned with respect to intra-Secretariat‟s processes and interactions. CHAPTER 4. ASSESSMENT OF QUALITY AND PERFORMANCE OF THE TRADE LAW SUB- 29 PROGRAMME 29 I. Analysis of the effectiveness of the legal assistance provided in relation to the SASD‟s mandates to deliver the Secretariat‟s intended results 29 a. Methodology and indicators 30 1. Indicators relating to the relevance of the technical assistance to the objectives of the Secretariat‟s International Trade Programme 31 2. Indicators relating to the quality and sustainability of the technical assistance 31 b. Review of each project in light of the indicators. 56 c. General Assessment 56 1. The degree to which the sub-programme has delivered on planned outputs and contributed to the objectives of the Secretariat‟s International Trade Programme iv 57 2. The actual or likely impact of the technical assistance provided on the development of the beneficiary countries 3. How well gender issues and the other stated 58 objectives of the Secretariat were addressed by the sub-programme 58 d. Summary and lessons learned 60 II. Analysis of the efficiency of the trade law sub-programme‟s operations 60 a. Methodology and Indicators 61 b. Cost-benefit analysis of each project in light of the indicators and of the findings obtained in relation to the effectiveness of the projects 63 c. Assessment of the sub-programme as a whole 63 i) The relationship between the output of the sub- programme and the resources allocated to it (cost- benefit analysis) ii) Geographical allocation of projects and of costs 64 d. The external context of the sub-programme, either hindering 64 or supporting its operations e. Note on the dissemination of the project‟s reports and 67 results 67 f. Summary and lessons learned 69 CHAPTER 5. THE ONGOING RELEVANCE OF THE SUB-PROGRAMME IN RELATION TO THE SECRETARIAT’S MANDATE AND THE WAY FORWARD 69 I. Summary of lessons learned and the relevance of trade law assistance in relation to the Secretariat‟s mandate 69 a. Summary of lessons learned 69 b. Demand for trade law assistance 69 1. Methodology 69 2. Demand over the period being evaluated 71 3. The likely future demand for trade law assistance c. Ongoing relevance of trade law assistance in relation to the 72 Secretariat‟s mandate 72 II. The strategic orientation of the assistance to be provided by the Secretariat on trade law matters v 72 a. Methodology and indicators 73 1. Secretariat‟s comparative advantage 73 2. Secretariat‟s intended strategic direction and resourcing requirements 74 3. Other donors‟ programmes 78 b. Recommendations 78 1. The scope of trade law technical assistance 78 i) The general scope of trade law technical assistance 80 ii) Priorities within the trade law assistance 82 iii) Geographical perspective 83 2. The focus and content of trade law assistance 83 i) Legal advice 83 ii) Legal advocacy / Legal defence 83 iii) Training / Capacity-building 84 3. Summary of recommendations 85 III. Advice on the optimal operational structure to deliver the assistance requested 85 a. Methodology and indicators 85 1. Projection of the maximum resources available 86 2. Preliminary conclusions pertaining to the strategic orientation of the trade law assistance 3. Optimal efficiency ratios 86 86 i) Optimal ratio between back-office costs and the resources directly allocated to technical assistance 87 ii) Optimal ratio between the expenditures (travel, equipment, conference premises, etc) and the expertise mobilised 89 iii) Optimal ratio between the in house expertise and the external expertise used 90 iv) Summary of optimal efficiency ratios for the vi sub-programme 91 b. Recommendations 91 1. Final conclusions on the sub-programme‟s Strategic orientation 92 2. The sub-programme‟s internal organisation 92 i. The number and the profile of the staff to be mobilised and the possible orientation of the tasks to be carried out by in house staff 93 ii. Extent to which recourse to external expertise is to be made 93 3. The sub-programme‟s position within the Secretariat 93 i. Synergies with the other trade-related programmes within the Secretariat 94 ii. Integration of the other priority objectives, such as gender, youth and social development, in the assistance provided 95 iii. Location of the sub-programme within the Secretariat 96 4. Optimal internal procedures 96 i. Optimal procedures to commit funds and release of expenditures 96 ii. Methods for the recruitment, retention and supervision of external experts 97 iii. Methods for the dispatch and management of requests for assistance within the Secretariat 97 5. The publicity to be made on the Secretariat‟s offer of trade law assistance 98 CHAPTER 6. FINAL CONCLUSIONS LIST OF ANNEXES 102 vii LIST OF ABBREVIATIONS ACP Africa, Caribbean and Pacific States AusAID Australian Development Agency CFTC Commonwealth Fund for Technical Cooperation COMESA Common Market for Eastern and Southern Africa COMSEC Commonwealth Secretariat DFID Department for International Development (UK) EAD Economic Affairs Division of the Commonwealth Secretariat EC European Community ECA United Nations Economic Commission for Africa EIF Enhanced Integrated Framework EPA European Partnership Agreements EPZ Export Processing Zone EU European Union FTA Free Trade Area GATS General Agreement on Trade in Services GATT General Agreement on tariffs and Trade, as resulting from the WTO Agreement GATT 1947 General Agreement on tariffs and Trade, until the entry into force of the WTO Agreement GSP Generalised System of Preferences ICTSD International Centre for Trade and Sustainable Development IF Integrated Framework ITRC International Trade and Regional Cooperation Section (ITRC) within the ComSec‟s Economic Affairs Division IPRs Intellectual Property Rights ITC International Trade Centre GIDD The Governance and Institutional Development Division of the Commonwealth Secretariat LCAD The Legal and Constitutional Affairs Division of the Commonwealth Secretariat LDC Least Developed Country MFN Most Favoured Nation MSME Micro, Small and Medium Enterprises NAMA Non-Agricultural Market Access NEPAD New Partnership for Africa‟s Development NZAID New Zealand‟s International Aid and Development Agency OECS Organisation of Eastern Caribbean States PMRU Project Management and Referrals Unit of the ComSec RTA Regional Trade Agreement RTPA Regional Trade Policy Advisor (Hubs & Spokes Programme) SAARC South Asian Association for Regional Cooperation SACU Southern African Customs Union SADC Southern African Development Community SASD Special Advisory Services Division of the Commonwealth Secretariat SEZ Special Economic Zone SCM Agreement Agreement on Subsidies and Countervailing Measures SPS Agreement Agreement on Sanitary and Phytosanitary Measures STPD The Social Transformation Programmes Division of the Commonwealth Secretariat TBT Agreement Agreement on Technical Barriers to Trade viii TPA Trade Policy Analyst (Hubs & Spokes Programme) TRIPs Trade-Related Aspects of Intellectual Property Rights TPR Trade Policy Review US United States of America UNCTAD United Nations Conference on Trade and Development UNDP United Nations Development Programme WB World Bank WHO World Health
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