Trade and Investment

Analytical Note, July 2017

The WTO’s Fisheries Subsidies Negotiations

Attempts are made to revitalise the fisheries subsidies negotiations at the WTO with the aim of achieving an outcome at the 11th WTO Ministerial Conference in December 2017.

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Analytical Note, July 2017

Micro, Small and Medium-Sized Enterprises (MSMEs)

Since 2015, the theme of Micro, Small and Medium-Sized Enterprises (MSMEs) has emerged after the Philippines submitted a proposal on this issue in the WTO, calling for discussions to take place in a more sustained way.

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Research Paper 62R, July 2017

Intellectual Property in the Trans-Pacific Partnership: Increasing the Barriers for the Access to Affordable Medicines (revised)

Most free trade agreements (FTAs) 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 (WTO). (more…)

Investment Policy Brief 9, July 2017

The Legal Nature of the Draft Pan-African Investment Code and its Relationship with International Investment Agreements

The present Policy Brief examines the drafting and negotiating process of the draft Pan-African Investment Code (PAIC). It analyses different aspects of this process, particularly the legal nature of the PAIC and its relationship with other international investment agreements.

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Policy Brief 38, April 2017

Implications of a US Border Adjustment Tax, Especially on Developing Countries

A new protectionist device, the US “border adjustment” tax, is being planned that could devastate the exports of developing countries and cause American and other foreign companies to relocate. This policy brief explains the complexities and implications  of this proposed measure and the major question of whether such a measure will violate the rules of the WTO is also examined.

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Policy Brief 37, March 2017

The Need to Avoid “TRIPS-Plus” Patent Clauses in Trade Agreements

A recent article in a prestigious journal reminds us of how the intellectual property chapter of free trade agreements can prevent the sick from getting treatment.  This article also critiques the TPP clauses and warns that they should not be translated to national laws or copied into other FTAs being negotiated. 
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Investment Policy Brief 8, March 2017

Reflections on the Discussion of Investment Facilitation

‘Investment facilitation’ is a concept repeated in discussions pertaining to investment policies and treaties, including those addressing the reform of investment treaties. The discussion on investment facilitation is taking place in various fora and contexts. (more…)

Analytical Note, March 2017

The TRIPS and WTO Negotiations: Stakes for Africa

This paper discusses the current negotiation issues in the context of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) and the position the African Group has taken in these negotiations. (more…)

Research Paper 74, February 2017

Mitigating the Regulatory Constraints Imposed by Intellectual Property Rules under Free Trade Agreements

IP provisions in FTAs may have implications on a wide range of public policy areas. A vast academic literature has addressed the “flexibilities” available under the TRIPS Agreement and the negative impact of FTAs in relation to access to medicines. (more…)

Analytical Note, January 2017

The WTO’s Special and Differential Treatment Negotiations (Paragraph 44)

Paragraph 44 of the 2001 Doha Ministerial Declaration mandates the ‘strengthening’ of Special and Differential Treatment (S&D) provisions in the WTO Agreement, and making them ‘more precise, effective and operational’. This Note tracks the evolution of these negotiations from the start of the Doha Round in 2001 until the Nairobi Ministerial in December 2015. (more…)

Analytical Note, January 2017

The WTO’s Discussions on Electronic Commerce

The WTO has a 1998 Work Programme on E-commerce. This Work Programme provides for the discussion of trade-related issues relating to electronic commerce to take place in the relevant WTO bodies: the Council for Trade in Services; the Council for Trade in Goods; the Council for TRIPS; and the Committee for Trade and Development. The General Council was envisaged to play a review or oversight role. (more…)

Analytical Note, January 2017

The WTO’s Agriculture Domestic Supports Negotiations

The historical problems in agriculture continue today. Developed countries with the financial capacity continue to subsidise their farmers and export these agricultural products. This has also been enabled by the Uruguay Round through large AMS entitlements for mostly developed countries ($19 billion for US and now about $95 billion for EU27), as well as the Green Box (Annex 2 of the Agreement on Agriculture). (more…)


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