Harmonization and unification of cooperative law in the era of globalisation

While members of a cooperative are, in principle, users or/and performers of cooperative’s services, cooperatives are deeply rooted in a local environment. However, on the global and regional interstate level, the legal regime of cooperatives is being gradually harmonized and sometimes even unified. Recent developments of cooperative law, have been, taken globally, deeply influenced by the Statement of Co-operative Identity, adopted by the International Cooperative Alliance as the broadest umbrella cooperative association on its centennial Congress in 1995. The paper describes the harmonization and unification of the law dealing with cooperatives in various interstate integrations, beginning with federal states and more or less close integrations. Similarly as federal states regulate cooperatives carrying out their business in more than one federal units (for instance, the Multi-State Cooperative Societies Act of India, 2002), wider interstate integrations provide for cooperatives with transborder activity (for instance, cooperatives Mercosur) or cooperatives of supranational law (for instance, European Cooperative Society introduced in the European Union, 2003). Harmonization and unification are achieved also by model acts (for instance, Commonwealth of the Independent States, 1997) or uniform acts have been adopted for certain cooperative models (for instance, Uniform Limited Cooperative Association Act, adopted in 2007) adopted by governmental bodies or recommended by non governmental associations, either for cooperatives generally generally or for certain activities (Model Law for Credit Unions, recommended by World Council Credit Unions, 2005). Recent harmonization and unification of the cooperative legislation are marked by tendencies towards a greater distinctiveness of cooperatives, with a particulčar emphasize on their independence and new ways of the capital formation. On the other hand, more general harmonization and unification measures in the law of corporations which starting from the company model often neglect the specific nature of cooperatives.

Key words: cooperative law, harmonisation, unification.

Bibliograpy 1. Griffiths, D. (2006). Co-operative Legislation in Australia, Thu, 20 Jul 06, 07:38:00, http://www.australia.coop/publish/article_330.php (15.02.2009) 2. Henrÿ, H. (2005). Guidelines for Cooperative Legislation, Second, revised edition, ILO, Geneva. 3. Kamden, E. (2003). Harmonization of Cooperative Legislation in French-Speaking Africa, General Assembly of the International Cooperative Alliance, Oslo. 4. Uniform Limited Cooperative Association Act (2007). National Conference of Commissioners on Uniform State Laws, Chicago. http://www.nccusl.org/Update/uniformact_factsheets/uniformacts-fs-ulcaa.asp (15.02.2009) 5. Model Law for Credit Unions (2005). 2nd Edition publication. World Council Credit Unions, Inc., Madison. 6. Модельный закон о кооперативах и их объединениях (союзах). (Model Act on Cooperatives and Their Associations (Unions)). http://www.lawrussia.ru/texts/legal_339/doc339a672x913.htm (15.02.2009) 7. European Union — Consolidated Versions of the Treaty on European Union and of the Treaty Establishing the European Community (consolidated text). Official Journal C 321E of 29 December 2006. 8. Recommendation No. 193 on the Promotion of Cooperatives (2002). International Labour Organisation. Geneva, 90th Session of the Conference, 30. 6. 2002. http://www.ilo.org/ilolex/cgi-lex/convde.pl?R193 (15.02.2009) 9. Statement on the Co-operative Identity (2008). ICA, Geneva. http://www.ica.coop/coop/principles.html (15.02.2009) 10. The Multi-State Cooperative Societies Act (2002). http://agricoop.nic.in/coopact02/multistate2.htm (15.02.2009) 11. Типовой проект “О кредитных потребительских кооперативах граждан (кредитных союзах)”. (Model project »About the Credit Consumers’ Cooperatives (Credit Unions)«). http://www.ipaeurasec.org/docs/?data=docs_1 (15.02.2009)