Alterations to Cambodia’s political and administrative structures under
the Royal Government of Cambodia’s Sub-National Democratic Development
(SNDD) reforms are still relatively new. The 2002 Law on Administrative
Management of the Commune/Sangkat introduced directly-elected
councils charged with producing development plans for their
jurisdictions through participatory processes and given discretionary
funds to carry out projects that met needs stated in these plans.
The2008 Law on Administrative Management of the Capital, Province,
Municipality, District and Khan (the ‘Organic Law’) allowed for
indirectly-elected councils at provincial and district level, began the
process of detailing and mapping the functions and fiscal resources to
be assigned or delegated to sub-national authorities (SNAs) and defined
the relationship between Cambodia’s 24 provinces, 193 rural districts,
urban municipalities and khans, and 1,633 communes/sankgats (hereafter ‘communes’)(download).
Tuesday, September 22, 2015
The Rights of Indigenous Cambodians
This paper will address four points relevant to indigenous rights and
welfare: access to education; access to health services; political
inclusion; and land rights. An overview of each topic and current
challenges will be provided, along with the results of recent field
research conducted by the PIC. Field research was conducted in Adoung
Meas, Bar Kaev districts in Ratanakiri and Pech Chreada in Mondulkiri,
highlighted in Map 1, below.
In broad terms, indigenous Cambodians have worse outcomes than the
national average in terms of health, education and land related
indicators, except for their political inclusion. However, efforts have
been made to address this imbalance, most successfully in education.
Cambodia is now considered a regional leader in providing effective
education programmes to its indigenous population. Health related issues
have also gradually been improving. However land rights issues are more
complex(download).
Oil and Gas Revenue Management Options for Cambodia
At a moderate rate of production, Cambodia’s oil and gas revenue could
provide revenues of around $500 million a year for 20-25 years, and is
estimated to peak in revenue at between $1.7 billion and $6 billion per
annum for a small number of years. However, a recent drop in the value
of oil and gas, which is forecast to continue into the foreseeable
future, largely due to a number of large gas projects commencing
production across the world, may have reduced the interest and
profitability in developing Cambodia’s oil and gas reserves(download).
ការគ្រប់គ្រងចំណូលពីឧស្ម័ន និងប្រេង
ក្នុងអត្រាមធ្យមនៃផលិតកម្ម ចំណូលពីប្រេង និងឧស្ម័នក្នុងប្រទេសកម្ពុជា
ត្រូវបានប៉ាន់ស្មានថាមានតម្លៃប្រហែល ៥
រយលានដុល្លាអាមេរិកក្នុងមួយឆ្នាំ ក្នុងរយៈពេលពី ២០ ទៅ ២៥
ឆ្នាំហើយក៏មានការប៉ាន់ស្មានថានឹងកើនឡើងខ្ពស់បំផុតក្នុងចន្លោះ
១.៧ ពាន់លានដុល្លាសហរដ្ឋអាមេរិក ដល់ ៦ ពាន់លានដុល្លាសហរដ្ឋអាមេរិក
ក្នុងមួយឆ្នាំៗ ក្នុងអំឡុងពេលមិនច្រើនឆ្នាំប៉ុន្មានឡើយ។ ប៉ុន្តែ
ការធា្លក់ចុះតម្លៃប្រេង និងឧស្ម័នពេលកន្លងទៅថ្មីៗនេះ
ដែលត្រូវបានព្យាករណ៍ថានឹងបន្តធ្លាក់ចុះនាពេលអនាគតខាងមុខ
មូលហេតុចំបងដោយសារមានគម្រោងរុករកឧស្ម័នធំៗ
កំពុងបានចាប់ផ្តើមដំណើរការផលិតកម្មរបស់ខ្លួននៅទូទាំងពិភពលោកនោះ
ការចាប់អារម្មណ៍ និងផលចំណេញ ក្នុងការអភិវឌ្ឍវិស័យប្រេង
និងឧស្ម័នបម្រុងនៅកម្ពុជា អាចថយចុះ។ (download)
Wednesday, September 9, 2015
Rent Control Laws End Up Strangling Housing Supplies
New
rent control laws were passed by the National Assembly with support
from both major parties, and will be implemented in the coming year. The
law mandates a freeze on rental prices for garment workers for two
years, during which time the rental price may not be increased.
Electricite du Cambodge (EdC), the state electricity provider, has been tasked with surveying the areas with a high density of dwellings rented by garment workers in order to assess rent prices, which will be fixed when the law is implemented. The rent control laws are implemented concurrently with laws to reduce the price of electricity for tenants using less than 50 kilowatt-hours per month, which will cut the expenses of low-income workers including those in the garment industry (read more).
Restricting alcohol marketing
The government of Cambodia has introduced restrictions for
broadcasted alcohol advertisements, in an effort to ‘reduce the number
of fatalities resulting from drunk driving.’
Going into effect on October first, television and radio stations
will be prohibited from broadcasting alcohol advertisements between 6
p.m. to 8 p.m., according to the Ministry of Information. Following this
2 hour time ban, will be a more general ban on beer and liquor
advertisements, going into effect in January of 2015. However, details
of the 2015 ban have not yet been made public(read more).
Q&A: BNG Legal counsel Sujeet Karkala
As
Asean nears its already delayed deadline of becoming a single market by
the end of this year, Indian companies are recognizing the
opportunities here, says Sujeet Karkala, counsel with BNG Legal. He
moved to Cambodia seven months ago to blaze a trail for his enterprising
countrymen and spoke to Khmer Times about some of the legal
opportunities and challenges Indian companies face in the region. (read more)
Friday, July 17, 2015
UN APERÇU DES TRADIT IONS JURIDIQUES KHMÈ RES
Article de Gregory Mikaelian lors du Campus Asie 2014.
http://precedents.avocatcampusinternational.org/interventions/1_Gregory_Mikaelian.pdf
Government Releases Draft Law on Food Safety
The Commerce Ministry on Wednesday released a draft of the country’s first food law, which establishes a Food Safety Authority charged with protecting domestic consumers and ensuring that exports meet international standards.
The law—expected to be finalized and sent to the Council of Ministers by the end of next month—lays out a long list of punishable offenses, including selling food that contains harmful substances, mislabeling food, preparing or selling food in unsanitary conditions and operating a food business without a license(more).
https://www.cambodiadaily.com/news/government-releases-draft-law-on-food-safety-88533/
Wednesday, July 8, 2015
Recent Developments in Commercial Arbitration in Cambodia
2014 has witnessed a number of significant positive
developments in commercial arbitration in Cambodia. It has
seen the first Cambodian final appellate court decision enforcing
a foreign arbitral award and the adoption of arbitration rules
by the Cambodian National Commercial Arbitration Center
(NCAC). These developments have the potential to transform
Cambodia rapidly into a jurisdiction where commercial disputes
can be resolved efficiently and with a maximum of transparency.
They may catapult Cambodia ahead of some other ASEAN
jurisdictions which, by comparison, are lagging in the area of
commercial dispute resolution(more).
http://www.dfdl.com/images/stories/Articles/Cambodia/DFDL_Article_Recent_Developments_in_Commercial_Asian_on_Dispute_Review_January_2015.pdf
Arbitration Body Takes On Code of Ethics
Almost five years after it was established, the National Commercial Arbitration Center (NCAC) on Monday met in Phnom Penh to adopt a code of ethics in a bid to attract more clients to its alternative dispute resolution services.
The arbitration center was created in 2010 to provide businesses an alternative to the country’s courts but has still not heard a single case. Ros Monin, its president, said Monday he hoped the code of ethics would change that(more).
https://www.cambodiadaily.com/business/arbitration-body-takes-on-code-of-ethics-81556/
Arbitration Body Receives First Complaint
The National Commercial Arbitration Center (NCAC) received its first complaint last week, almost five years after it was set up, the center’s president said Tuesday.
Ros Monin, NCAC president, said that the arbitration body received the complaint—involving a dispute between a foreign national who rented a factory building in Phnom Penh and that building’s owner—on Thursday.
“Since we announced that we are ready to receive cases, now we have just received our first complaint, which involves a conflict over the implementing obligations of a factorybuilding rental agreement in Phnom Penh,” Mr. Monin said (more).
https://www.cambodiadaily.com/business/arbitration-body-receives-first-complaint-84450/
Thursday, July 2, 2015
Cambodia's swift accession to Madrid Protocol
The Madrid System for the international registration of marks, governed
by the Madrid Protocol, is gaining popularity across Southeast Asia.
Several countries in the region are preparing to implement Madrid as part
of their commitments toward regional integration via the ASEAN
Economic Community, which will be created at the end of 2015(read more).
http://www.managingip.com/Article/3456797/Thailand-Cambodias-swift-accession-to-the-Madrid-Protocol.html
Cambodia intellectual property laws & regulations
While Cambodia’s accession to the World Trade Organisation (“WTO”) in September 2004 brought with it obligations to implement a number of intellectual property (“IP”) related laws and regulations, the application, registration and enforcement mechanisms, while strengthening year on year, remain relatively nascent in comparison with more developed IP protection regimes in Europe and elsewhere. Recently, Cambodian authorities dealing with patents, copyright, design rights and trademarks, in conjunction with attendees from the European Patent Office and the Office of Harmonization for the Internal Market (“OHIM”), have indicated a pro-active approach to strengthening intellectual property rights (“IPR”) protection in Cambodia. The laws implemented to date in relation to IPR protection include the Law on Trade Marks, Trade Names, and Acts of Unfair Competition (2002) (“Trade Mark Law”); the Law on Patents, Utility Model Certificates and Industrial Designs (2003) (“Patent Law”); the Law on Copyright and Related Rights (2003); and the Law on Management of Seeds and Breeders’ Rights (2008). In addition to these laws, the Royal Government of Cambodia has also recently issued sub-decrees and regulations for implementing these laws such as the Sub-Decree on Implementation of the Law on Trade Marks, Trade Names, and Acts of Unfair Competition (2006); the Prakas on Procedures for Granting Patents and Utility Model Certificates (2006); and the Prakas on Procedures for Registration of Industrial Designs (2006). The recently implemented Law on Geographical Indications of Goods (2014) and the number of products granted such protection thus far is yet another indication of Cambodia’s commitment to providing robust protection to IPR holders(read more).
http://www.lexology.com/library/detail.aspx?g=f3634aa5-d093-4f16-97ea-c3863ad3be4e
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