Publications

Research Paper 217, 20 May 2025

Cross-Border Enforcement of Copyright: A Special Emphasis on Court Decisions and Arbitral Awards

By Hany Salem

In today’s digitally interconnected world, copyright infringement frequently crosses national borders, presenting complex legal challenges for effective enforcement of intellectual property rights in general, and copyright in particular. This paper examines the challenges associated with cross-border copyright enforcement, particularly the critical role of Private International Law (PIL) in the recognition and enforcement of foreign court decisions and arbitral awards. Although foundational treaties such as the Berne Convention, the TRIPS Agreement, and the WIPO Copyright Treaty establish essential principles of international copyright protection, they offer very limited guidance on resolving procedural and jurisdictional issues that arise in cross-border Copyright disputes.

The analysis contends that the territorial nature of copyright law, compounded by fragmented and insufficiently developed PIL frameworks, creates legal uncertainty and inefficiency for rightsholders to secure effective remedies. To address these shortcomings, the study underscores the need for a more coherent and harmonized international PIL approach. It further explores the potential of soft law instruments – particularly the 2020 Kyoto Guidelines – as a constructive step toward resolving PIL issues related to international copyright disputes. By narrowing the gap between domestic legal systems and international enforcement mechanisms, these developments could significantly enhance legal predictability and access to justice in the global digital environment.

(more…)

SC Webinar Report – AMS, COVID-19 & Pandemic Preparedness, May 2025

Webinar Report:

Advancing Antimicrobial Stewardship Policies: Lessons from the COVID-19 Pandemic and Priorities for Future Health Emergencies

By Dr Rasha Abdelsalam Elshenawy

Our recent South Centre webinar examined how the pandemic created a dual challenge for global health:

– MISUSE: 35-75% of hospitalized COVID-19 patients received antibiotics despite low bacterial co-infection rates.

– ACCESS BARRIERS: The pandemic disrupted supply chains and healthcare access, limiting antimicrobial availability in many regions.

This paradox—overuse alongside access challenges—must inform future pandemic preparedness.

Our experts call for:

– Integrating antimicrobial stewardship into emergency response

– AMS frameworks must be established BEFORE health emergencies

– Strengthening surveillance systems and diagnostic capacity

– Ensuring sustainable and equitable access to antimicrobials

(more…)

Policy Brief 141, 15 May 2025

Scaling Up the Health Response to Climate Change: Highlights from the World Health Organization Executive Board’s 156th Meeting on the Global Action Plan on Climate Change and Health

By Bianca Carvalho

The Executive Board of the World Health Organization (WHO), during its 156th meeting held from 3-11 February 2025, discussed a draft Global Action Plan on Climate Change and Health (2025 – 2028) (EB156/40). This policy brief explains the content of the draft Global Action Plan and summarises the feedback provided by Member States during the Executive Board meeting.

Member States at the 156th WHO Executive Board meeting made recommendations for the Global Action Plan, including to ensure that equity remains central, to foster collaboration across sectors, and to enhance support mechanisms—both technical and financial—for developing countries addressing the intersection of climate change and health challenges. Member States also called for more consultations before the draft Global Action Plan is considered for adoption at the 78th World Health Assembly in May 2025.

(more…)

SouthViews No. 288, 9 May 2025

Leaving the WHO? The US Just Shot Itself in the Foot

By Germán Velásquez

At the start of his second term, United States president Donald Trump has again announced that the US will formally leave the World Health Organization (WHO) in 2025. Leaving the WHO is a financial blow to the Organization, as many have pointed out, but it is much more than that. Trump’s decision to abandon WHO is counterproductive and puts at risk the capacity of the organization to perform its role as the global health agency. The WHO has been central to responding to global health emergencies for more than seven decades. Its work in the fight against diseases such as smallpox, polio, Ebola and HIV/AIDS, or the binding international convention against tobacco use, has saved millions of lives.

The US’ withdrawal from WHO will have a serious impact on various aspects of global health, and the US will itself be directly affected. WHO members should unite to strengthen the WHO and counteract this decision by the current US Administration.

(more…)

Policy Brief 140, 30 April 2025

Global Digital Compact: Charting a New Era in Digital Governance?

By Aishwarya Narayanan

The Global Digital Compact, adopted during the Summit of the Future in September 2024, is the first truly multilateral instrument which addresses issues relating to global digital governance in a comprehensive and systematic manner. While this is a remarkable step forward in terms of increasing representation, enhancing coordination and addressing fragmentation in digital governance, consensus was difficult to achieve and there remains considerable confusion around its interplay with existing initiatives and mechanisms within the United Nations system. Despite implementation efforts already being underway, its true impact and potential to bridge digital divides will only be revealed in the time to come.

(more…)

SouthViews No. 287, 28 April 2025

Mali’s Mining Shake-Up: Tax audits reveal massive revenue loss and lead to stringent policy changes

By Anne Wanyagathi Maina and Kolawole Omole

Mali’s recent regulatory changes and tax dispute settlements highlight the government’s determination to secure a greater share of economic benefits from its natural resources. Mali’s approach presents a lesson for resource-rich developing countries. The article explores the country’s mining tax reforms, ensuing tax disputes and settlements, and implications on revenue mobilization.

(more…)

Policy Brief 139, 23 April 2025

Advancing Women’s, Children’s and Adolescents’ Health and Inequalities in Sexual, Reproductive, Maternal, Newborn, Child and Adolescent Health:

Highlights from the 156th Meeting of the World Health Organization’s Executive Board

By Bianca Carvalho, Viviana Munoz Tellez

This policy brief examines discussions from the WHO’s 156th Executive Board meeting (February 2025) on the Global Strategy for Women’s, Children’s and Adolescents’ Health. The Director-General reported many countries falling behind on SDG targets for maternal and child mortality, with persistent inequalities in healthcare access. Member States emphasized the urgent need to accelerate progress through universal access to comprehensive sexual and reproductive health services and rights, including the right to make informed decisions about reproduction free from discrimination, coercion, and violence. Recommendations focused on priorities for updating the Global Strategy and increasing investments. Two resolutions were advanced: one on regulating digital marketing of breast-milk substitutes (proposed by Brazil and Mexico) and another on World Prematurity Day (proposed by Tanzania). These will be considered for adoption by the World Health Assembly in May 2025.

(more…)

SouthViews No. 286, 9 April 2025

Human Rights Council 58: Neurotechnology, Ethical Frontiers and Human Rights

By Daniel Uribe

The UN Human Rights Council’s 58th session examined the impact of neurotechnology on human rights, with a particular focus on privacy. The Special Rapporteur guided discussions on the report on neurotechnology, which detailed risks to privacy, autonomy, and mental integrity, and proposed principles such as human dignity, informed consent, stringent security measures, rights-by-design, and precautionary approaches to the development of this technology. This SouthViews considers the Member States’ discussion during the presentation of this report, taking into account the profound ethical challenges, the need for safeguards, equitable access (especially for developing nations), and international cooperation, while voicing concerns about potential misuse. The relevance of UNESCO’s ongoing work on the ethics of neurotechnology is also considered. The session underscored the pressing need for a proactive, holistic, and ethically grounded governance framework for neurotechnology, emphasizing core human rights principles and international collaboration to ensure the responsible development and use of this technology.

(more…)

SC Report – AMR NAPs & Health Financing, April 2025

Advancing National Action Plans on Antimicrobial Resistance amidst Health Financing Challenges

By Afreenish Amir

The South Centre held a webinar on advancing national action plans (NAPs) on Antimicrobial Resistance (AMR) amidst health financial challenges, on 20 March 2025. The webinar brought together various national focal point leads for NAPs on AMR and international experts.

(more…)

SouthViews No. 285, 28 March 2025

Advancing International Cooperation under the Global Digital Compact

By Danish

Bridging the global digital divide in new and emerging technologies, particularly Artificial Intelligence, will require developing countries to strongly leverage international cooperation to build digital skills, knowledge and gain access to these technologies which can accelerate their digital transformation and sustainable development. This emphasis on international cooperation is also deeply embedded in the Global Digital Compact, which was adopted as part of the Pact for the Future. This paper therefore looks at how international cooperation modalities have been included in the GDC across the different issue areas, how developing countries are already engaging with the GDC through their national initiatives, and provides some useful considerations going forward.

(more…)

Policy Brief 138, 27 March 2025

Will the Global Digital Compact ensure an equitable future for Developing Countries?

By Daniel Uribe

The Global Digital Compact (GDC), adopted by the United Nations General Assembly in 2024, aims to establish a framework for equitable digital transformation, particularly for developing countries. While the GDC acknowledges the importance of human rights, bridging the digital divide, and ensuring a just transition, it faces significant challenges in addressing structural inequalities and implementing robust accountability mechanisms. This paper examines the GDC’s potential to foster an inclusive digital future, highlighting the necessity of addressing fundamental rights, promoting business accountability through a legally binding instrument, and recognising the interconnectedness of digital inclusion with access to essential resources like energy, education, and healthcare.

(more…)

SouthViews No. 284, 21 March 2025

WTO at 30: A Reckoning or Just Another Review?

By Vahini Naidu

As the World Trade Organization (WTO) marks its 30th anniversary, Director-General (DG) Ngozi Okonjo-Iweala has called for a reflection process to assess the organisation’s achievements and chart its future. For developing countries, this reflection presents a significant opportunity. A well-managed process could begin to address the structural imbalances embedded in WTO rules that constrain policy space, limit technology access, and restrict development pathways. Conversely, a poorly handled approach risks reducing it to a narrow review that fails to account for the broader economic realities shaping trade and the persistent development needs of the Global South. This paper argues that the DG’s reflection process must be firmly member-driven, with clear governance principles, and rooted in a comprehensive development audit to assess how WTO rules have impacted developing countries over the past three decades. The paper contends that a meaningful reflection requires more than procedural introspection; it requires a serious conversation about the future of global trade governance and its relevance to development, ensuring that the WTO’s evolution genuinely responds to the priorities of its majority membership.

(more…)