South Centre General Statement to the Seventy-fourth World Health Assembly
Various interrelated processes, including a possible new pandemic treaty, are at play in addressing the current and future pandemics. Read the South Centre statement to the 74th World Health Assembly.
The Proposed Pandemic Treaty and the Challenge of the South for a Robust Diplomacy
By Obijiofor Aginam
The motivation for a pandemic treaty is infallible because of the ‘globalization of public health’ in a rapidly evolving interdependence of nations, societies, and peoples. Notwithstanding the lofty purposes of the proposed pandemic treaty as a tool for effective cooperation by member-states of the WHO to address emerging and re-emerging disease pandemics in an inter-dependent world, the proposal nonetheless raises some structural and procedural conundrums for the Global South. The negotiation of a pandemic treaty should, as a matter of necessity, take into account the asymmetries of World Health Organization member-states and the interests of the Global South.
Financing for development from the perspective of the right to development
Summaries of two reports by Saad Alfarargi, Special Rapporteur on the right to development
In 2020, the United Nations (UN) Special Rapporteur on the right to development, Saad Alfarargi, submitted two reports, one to the UN Human Rights Council (HRC) and the other to the UN General Assembly, on the issue of financing for development (FFD) from the perspective of the right to development (RTD). The first report (A/HRC/45/15) analyzed national-level FFD, while the second report (A/75/167) focused on the international dimension of FFD. In both reports the Special Rapporteur highlighted relevant challenges, with a particular focus on how to ensure the meaningful participation of rights-holders.
A New WHO International Treaty on Pandemic Preparedness and Response: Can It Address the Needs of the Global South?
By Dr. Germán Velásquez and Nirmalya Syam
A recent joint communiqué by 25 Heads of Government and the WHO Director-General have called for the negotiation of a pandemic treaty to enable countries around the world to strengthen national, regional and global capacities and resilience to future pandemics. The COVID-19 pandemic has demonstrated the fragility of the mechanisms at the disposal of WHO for preparedness and response to pandemics. The use of binding instruments to promote and protect health in the context of pandemics is needed. If WHO Member States decide that an international treaty to prepare and respond to pandemics is the way forward, it would be important to have clarity from the outset on the elements and areas that will be the subject of negotiation. The first step should be to identify the aspects of pandemic preparedness and response that the current crisis has revealed are not working, and how to build up on the existing instruments, notably the International Health Regulations (IHR). This paper discusses some of the critical issues that should be addressed in such a treaty if negotiations are launched, in view of the needs of countries at different levels of development and with disparate capacities to implement treaty obligations.
IsDB and South Centre Advocate for Development of National Strategies for South-South and Triangular Cooperation
By the Islamic Development Bank
Jeddah, Kingdom of Saudi Arabia, 06 May 2021 – The Islamic Development Bank (IsDB) and the Geneva-based South Centre have strongly advocated for the formulation of national strategies for South-South and Triangular Cooperation.
The two institutions made the call in a joint policy paper on National Ecosystems for South-South and Triangular Cooperation (SSTrC) titled ‘Policy Paper on National Strategies for SSTrC.’ The joint policy paper developed a framework on how to formulate the SSTrC strategies.
An Introduction to the UN Technology Bank for the Least Developed Countries
By Spring Gombe
Adoption, adaptation and diffusion of technology offer Least Developed Countries (LDCs) substantial potential to increase economic productivity and development and to narrow the technological gap with developed countries. It is in recognition of the need for sustained and sustainable mechanisms to enable the transfer of technologies between countries that the United Nations (UN) Technology Bank for the Least Developed Countries was born.
Expanding the production of COVID-19 vaccines to reach developing countries
Lift the barriers to fight the pandemic in the Global South
By Carlos M. Correa
The unfolding of COVID-19 has shown that the international system has been unable to ensure equal access to the vaccines and other products necessary to fight the pandemic. While the need for a strong response remains obvious, proposals for scaling up the production of COVID-19 vaccines across the globe are still blocked in the World Trade Organization.
Could COVID-19 trigger ‘localizing’ of international investment arbitration?
By Danish
In light of the challenges and travel restrictions due to the COVID-19 pandemic, many developing countries have been unable to effectively participate in international investment arbitration proceedings, traditionally held in locations like Washington D.C. and The Hague. To ease the heavy burdens currently being placed on States and ensuring investor confidence, this Policy Brief argues for the ‘localization’ of investor-State dispute settlement (ISDS) proceedings in host States and regions where the investment is actually located. It highlights the various advantages that localizing ISDS can bring, and the different regional initiatives already working towards this purpose. The brief also considers relevant legal and policy aspects, and seeks to provide concrete suggestions for the localization of ISDS as a small step towards the holistic reform of international investment arbitration.
Vaccins, Médicaments et Brevets
La covid-19 et l’impératif d’une organisation internationale
Details:
À partir de début 2020, le monde a dû faire face à un considérable défi sanitaire, économique et social avec l’épidémie de la COVID-19. La crise s’est poursuivie et aggravée dans la plupart des pays du monde. Beaucoup ont voulu explorer des réponses sans prendre réellement en compte les avis des principaux organismes internationaux dans le domaine de la santé, au premier rang desquels l’Organisation mondiale de la santé (OMS). L’OMS fait l’objet de critiques. Il est néanmoins fondamental qu’une agence multilatérale comme elle puisse exercer une véritable autorité et jouer un rôle de chef de le indépendant et en défense de l’ensemble des pays de la planète. Alors, comment faire pour qu’elle puisse jouer ce rôle ? Ce livre contribue à apporter des réponses à cette question, en s’appuyant sur les réflexions développées par le Centre Sud, un organisme intergouvernemental qui défend les perspectives des pays du Sud. Il aborde notamment l’avancement des réflexions et débats concernant l’accès aux médicaments et vaccins pour répondre à cette pandémie ou à d’éventuelles crises ultérieures.
Auteur: Germán Velásquez est conseiller spécial en matière de politique et de santé au South Centre à Genève.
Right to Research in International Copyright
CALL FOR RESEARCH PROPOSALS
American University Washington College of Law Program on Information Justice and Intellectual Property
The American Network on the Right to Research in International Copyright is calling for papers relevant to the development of global norms on copyright policy in its application to research. Text and data mining research, for example, is contributing insights to respond to urgent social problems, from combatting COVID to monitoring hate speech and disinformation on social media. Other technologies make it possible to access the materials of libraries, archives and museums from afar – an especially necessary activity during the COVID pandemic. But these and other research activities may require reproduction and sharing of copyright protected works, including across borders. There is a lack of global norms for such activities, which may contribute to uncertainty and apprehension, inhibiting research projects and collaborations. The problem of access to copyrighted works through libraries and educational institutions is especially serious in the South.
Misappropriation of Genetic Resources and Associated Traditional Knowledge: Challenges Posed by Intellectual Property and Genetic Sequence Information
By Nirmalya Syam and Thamara Romero
Improper acquisition of genetic resources (GRs) and associated traditional knowledge (TK) without prior informed consent and on mutually agreed terms, in accordance with national laws of the country providing the GR and associated TK, as well as without any fair and equitable sharing of the benefits derived from their utilization, has been a significant concern for developing countries. Intellectual property (IP) rights can serve as one of the means of such misappropriation. One of the mechanisms sought by developing countries to prevent it consists in the establishment of an effective multilateral legal mechanism for defensive protection against misappropriation, primarily through the introduction of a mandatory disclosure requirement about the source and country of origin of such resources in intellectual property right (IPR) applications. These negotiations have been taking place in different fora. However, there is an increased sense of frustration due to the lack of progress in achieving consensus during the last twenty years. Meanwhile, new modes of misappropriation of GRs are evolving through the use of genetic sequence information and data of GRs, and by applying technological developments in synthetic biology. This paper discusses the use of IP and genetic sequence information and data as modes of misappropriation of GRs and associated TK and the deficits of the current international legal framework in preventing such misappropriation. This paper also maps the state of play of the ongoing negotiations in the context of these issues in different fora, and, in conclusion, proposes possible alternative approaches for addressing these pressing issues at the multilateral level.
Compulsory license in Germany: Analysis of a landmark judicial decision
By Christoph Spennemann and Clara Warriner
This policy brief analyzes how the German Federal Court of Justice addressed compulsory licensing under German patent law, where the request for a compulsory license was used in preliminary proceedings as a defense against alleged patent infringement.
