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…)
Discussions in the Working Group on the Relationship between Trade and Investment (2001-2003)
This Note reviews Members’ submissions in the Working Group on the Relationship between Trade and Investment (WGTI) between 2001 – 2003.
The Singapore Ministerial Declaration established the WGTI to examine the relationship between trade and investment. Subsequently, the Doha Ministerial Declaration tasked the WGTI to focus on the clarification of seven elements of a possible future multilateral investment agreement, as well as some other issues: (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…)
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…)
WTO’s MC9: Summary of Issues
10 documents were distributed to WTO Members on 26 November 2013 at the last General Council meeting before the Bali Ministerial Conference (MC9). These documents are being transmitted to Bali. (more…)
WTO’s Negotiating Agenda After Bali
This is a 2-pager providing points on what should and should not be part of the WTO’s post-Bali agenda. (more…)
WTO’s MC9: Analysis of the Food Security ‘Peace Clause’ Text
The Peace Clause is time-limited (4 years) and partial in coverage (no inclusion of the WTO’s Agreement on Subsidies and Countervailing Measures- ASCM). Countries can still be taken to dispute. It also has onerous and intrusive transparency and information requirements and conditions. (more…)
Discussing the Legal Basis for Entry Into Force of a Trade Facilitation Agreement
A Trade Facilitation Agreement (TFA) has been proposed as an outcome from the Bali WTO Ministerial Conference. The TFA’s provisions create new rights and obligations for WTO Members; they alter the rights and obligations that WTO Members currently have under the WTO Agreement and its annexes. (more…)
Key Issues Still Under Brackets in the Trade Facilitation Text Presented to the Ministerial Conference in Bali (based on Room W-JOB/TNC/35)
The following document comments on the remaining bracketed articles in the trade facilitation (TF) draft text (Room W- JOB/TNC/35) presented to the ministerial conference in Bali. It includes five main sections, including: (more…)
WTO’s MC9: Analysis of the Text on the Monitoring Mechanism
The text on the Monitoring Mechanism (JOB/TNC/34) which has been transmitted from Geneva to the Bali Ministerial is extremely disappointing. (more…)
WTO Negotiations on Trade Facilitation: Development Perspectives
A possible new trade facilitation agreement has occupied the most time in the preparations for the WTO’s Ministerial Conference in Bali in December. A new experts report is being issued by the South Centre on “WTO’s Trade Facilitation Negotiations: Development Perspectives”. (more…)
