The need of commercial enterprises for uniform laws with a broad geographic spread is real. Every great commercial network I can think of--the Roman Empire, Admiralty law, the Uniform Commercial code, common law, the law merchant--unites actors from different jurisdictions under one set of principles with little local variation. Thus WIPO, and now, the Develpment agenda.

But at the same time, legal systems benefit from competition with one another. Federalism has done more than any other force to keep US (and Swiss) state tax rates low. In this competition between states and nations, there are winners. And not-yet-winners, but hopefully some day.

What do you get when you mix the winners and not-yet-winners in negotiations for uniformity? Well, it appears, a lot of demands from the not-yet-winners. They would do better to imitate the winners than demand things from them, including untested and unfounded policies. But... perhaps a tendency to demand rather than pursue other strategies is why they are not-yet-winners. Sigh. The danger is that the winners, seeking uniformity, will give up everything else.

Assorted reports from WIPO. Enjoy. Mark Schultz for NGO Watch. And Tom G. for IPI.

posted by Solveig Singleton @ 12:08 PM | Big Tent, International

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