South Centre Statement to the 18th session of WIPO Committee on Development and Intellectual Property
The following is the statement delivered on 31 October 2016 by the South Centre to the World Intellectual Property Organization’s (WIPO) Committee on Development and Intellectual Property (CDIP) at its eighteenth session. The Centre highlights the importance of the WIPO Development Agenda.
The IP Negotiations Monitor summarizes the latest developments in multilateral and regional fora where intellectual property negotiations are taking place, and informs on upcoming meetings and events.
(Covering period: July-September 2016) (more…)
Gender and Finance: Coming Out of the Margins
The two-way inter-linkages between gender equality and women’s empowerment and climate change are now well established: climate change impacts and how they are managed, including financing and capacity building support, can help to foster or hinder gender equality and women’s empowerment goals (women’s and men’s lives, livelihoods and well-being) and enhancing gender equality and women’s empowerment goals and processes can help in the successful achievement of climate goals and policies, at national, regional and global levels. (more…)
Peruvian State’s Strategy for Addressing Investor State Disputes
This policy brief explains the approach adopted by Peru to establishment of the “System for the Coordination and Response of the State in International Investment Disputes” (SICRECI) and the role it played in responding to investor-state dispute settlement (ISDS) cases faced by Peru. It gives an overview of the sixteen ISDS cases brought against Peru to date. While this institutional development adds value in terms of managing cases as they arise, the paper points out that this system faces major hurdles due to multiple challenges arising from ISDS. As shown in the paper, after the establishment of SICRECI, Peru continued to face a rising number of ISDS cases. (more…)
Non-Aligned Movement Summit re-asserts its relevance in a turbulent world
The 17th Summit of the Non-Aligned Movement held in Venezuela in mid-September 2016 was an occasion to reflect on the movement’s history and to reaffirm its relevance in a world of great political and economic turbulence. It adopted two documents which are remarkable for their comprehensiveness, showing the consensus of 120 countries for positions in a wide range of issues. It faces the challenge of maintaining these positions in negotiations in the years ahead, and converting some of them into action. (more…)
Corporations, Investment Decisions and Human Rights Regulatory Frameworks: Reflections on the discussion pertaining to FDI flows and the impact of a potential International Legally Binding Instrument on Business and Human Rights
This brief explores the question pertaining to the impact of States’ participation in designing an Instrument on transnational corporations and other business enterprises in the area of human rights on attracting foreign direct investment, which has been a persistent issue of discussion since the mandate of the inter-governmental group on the mentioned Instrument was established. (more…)
A Prospective Legally Binding Instrument on TNCs and Other Business Enterprises In Regard to Human Rights: Addressing Challenges to Access to Justice Faced by Victims
The complexity of corporate structures in the current globalized economy has shaped a number of practical and procedural hurdles that victims of human rights abuses perpetrated by transnational corporations (TNCs) face when accessing judicial mechanisms in order to seek remedy, both in home and host States where TNCs operate. Some of these legal barriers include constraints in the jurisdiction of the host State due to the lack of adequate substantive and procedural laws to achieve the enforcement of effective remedy, and other obstacles related to international judicial cooperation for the collection of evidence, information and enforcement of judicial decisions, or uncertainty about the possibility of bringing claims in the home State of TNCs. (more…)
Recovering Sovereignty Over Natural Resources: The Cases of Bolivia and Ecuador
This document analyzes the renegotiation process of oil and gas contracts in two Latin American countries, Bolivia and Ecuador, from 2003 to 2010 and the measures taken for sectorial policy reform in the hydrocarbon sector and our conclusions are that it has been favourable. (more…)
Approaching States’ Obligations Under a Prospective Legally Binding Instrument on TNCs and Other Business Enterprises In Regard to Human Rights
This brief discusses possible approaches to addressing States’ obligations under a prospective international legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises. (more…)
South Centre Statement to the WIPO Assemblies 2016
The statement highlights that the greatest challenge for developing countries and LDCs in the area of intellectual property (IP) is the proliferation of regional and bilateral trade and investment agreements that impose IP obligations, together with the coercive external political and economic pressure to restrain from making use of the flexibilities in the IP system.
UNCTAD XIV succeeds in renewing UNCTAD mandate, after tough negotiations
Once in four years, UNCTAD holds a Conference to review the global situation and to set out UNCTAD’s work for the next four years. UNCTAD XIV, held in Nairobi in July, renewed the UNCTAD mandates but only after long negotiations where developing countries under the G77 and China had to fight hard to resist attempts to dilute UNCTAD’s work. (more…)
Statement by the South Centre on the Report of the UN Secretary-General’s High Level Panel on Access to Medicines released on 14 September 2016
The South Centre endorses the report of the United Nations Secretary General’s High Level Panel on Access to Medicines and its call on governments, the United Nations entities and others including the World Trade Organization, to take action on the report’s recommendations. (more…)
