Intellectual Property in the Trans-Pacific Partnership: Increasing the Barriers for the Access to Affordable Medicines
Most free trade agreements signed by the United States, the European Union and the members of the European Free Trade Association (EFTA) in the last 15 years contain chapters on intellectual property rights with provisions applicable to pharmaceuticals. Such provisions considerably expand the rights recognized to pharmaceutical companies under the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) established in the context of the World Trade Organization. (more…)
The Innovation and Intellectual Property Programme (IAKP) of the South Centre is Renamed as Development, Innovation and Intellectual Property Programme
The South Centre has the pleasure to announce that the Innovation and Access to Knowledge Programme (IAKP) will henceforth be known as the “Development, Innovation and Intellectual Property Programme” (DIIP). (more…)
Ecuador’s Experience with International Investment Arbitration
The brief reviews Ecuador’s experience with investment treaties and investor-state dispute settlement (ISDS). The paper explains the historical and geopolitical context of the decisions Ecuador has taken in regard to bilateral investment treaties (BITs) and ISDS. The author notes that a number of treaties did not fulfill the constitutional and legal ratification processes. (more…)
Internationalization of Finance and Changing Vulnerabilities in Emerging and Developing Economies: The Case of Malaysia
Developing countries have become more closely integrated to the unstable international financial system in recent years. The traditional cross-border financial and trade linkages been deepened; but also the foreign presence in their domestic credit, bond, equity and property markets has reached unprecedented levels. New channels have thus emerged for the transmission of financial shocks from global boom-bust cycles. Almost all emerging and developing economies are now vulnerable to instability and shocks originating from the global financial system. (more…)
International Investment Agreements and Africa’s Structural Transformation: A Perspective from South Africa
The brief describes the widening debate on the implications of international investment agreements (IIAs) for sustainable development. This debate is particularly relevant in Africa as the continent’s new economic development programme to effect structural transformation and achieve sustainable development may well be constrained by the terms and conditions imposed by IIAs. (more…)
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.
India’s Experience with BITs: Highlights from Recent ISDS Cases
This brief argues that there is a case for a review of India’s bilateral investment treaties (BITs). The author recommends that the review should cover, inter alia, issues of more favourable treatment of foreigners compared to locals, and limitations on policy space of the government to address public interest concerns, in particular, those in the areas of public health and environment. (more…)
Crisis, Emergency Measures and the Failure of the ISDS System: The Case of Argentina
This brief gives an account of Argentina’s experience with investor-state dispute settlement in 2001-2014. Between 2002 and 2007, Argentina was the subject of a quarter of all the cases initiated within the framework of the International Centre for Settlement of Investment Disputes (ICSID) Convention. These cases were triggered by changes within the regulatory framework for international investments –particularly in sectors related to the provision of public services– as a result of the implementation of a package of measures aimed at tackling one of the worst economic crises in Argentina’s history. (more…)
Financing for Development Conference 2015: A View from the South
On 19 July 2014 the Open Working Group on Sustainable Development Goals (SDGs) of the United Nations agreed on a draft of a set of 17 Sustainable Development Goals, taking the first steps toward a renewed development agenda for after 2015. The effort to agree on the SDGs was the follow up to the Millennium Development Goals (MDGs), whose end-date is 2015. Aside from the 17 specific goals, the draft SDGs included 169 associated targets. (more…)
Indonesia’s Perspective on Review of International Investment Agreements
The South Centre releases a new policy brief series focusing on international investment agreements and experiences of developing countries.
As part of this series, the publication of Investment Policy Brief No. 1 entitled by Mr. Abdulkadir Jailani briefly describes Indonesia’s experience with at least six investor-state dispute settlement (ISDS) cases. It also explains Indonesia’s decision to discontinue its existing international investment agreements (IIAs); to date, 17 out of 64 IIAs have been discontinued by Indonesia. The paper explains the rationale for this important policy measure. (more…)
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.
Input of the South Centre to the Report of the Secretary-General on the Implementation of UN General Assembly Resolution 69/5 dated 28 October 2014 on the Necessity of ending the economic, commercial and financial embargo imposed by the United States of America against Cuba
On 28 October 2014, the United Nations General Assembly approved by an overwhelming vote of 188-2 a resolution (Resolution 69/5 ) reiterating its long-standing call upon all States to refrain from promulgating and applying unilateral economic and trade measures by one State against another that affect the free flow of international trade, referring in particular to the United States’ 1996 “Helms-Burton Act”, whose application has had extraterritorial effects that affect that sovereignty of other States, the legitimate interests of persons under their jurisdiction and the freedom of trade and navigation. (more…)
