South Africa’s South-South cooperation 40 years after BAPA
By Neissan Alessandro Besharati
As member states and the United Nations (UN) prepare to come together for the 2nd High Level Conference on South-South cooperation (SSC) forty years after the adoption of the Buenos Aires Plan of Action (BAPA), this article reflects on the journey South Africa has made in implementing technical cooperation with developing countries (TCDC). Although the Apartheid government of Pretoria was excluded from the discussions in Buenos Aires, in the last two decades South Africa has played a major role in SSC, promoting capacity building, exchange of experiences, and TCDC in Africa and intra-regionally. The article will explore the degree of compliance by South Africa with the 38 recommendations (Recs. 1-38) set out in the BAPA, and the follow up work still required, both nationally and globally, to advance the SSC agenda. (more…)
Developing Countries and the Contemporary International Tax System: BEPS and other issues
By Marcos Aurélio Pereira Valadão
This policy brief addresses the design of international taxation and tax cooperation in the context of issues presented in the Organisation of Economic Co-operation and Development (OECD)/Group of Twenty (G20) Base Erosion and Profit Shifting (BEPS)Project. It further considers their significance for developing countries and provides the Brazilian approach to those issues. The brief concludes by exploring the importance of regional cooperation vis-à-vis international organizations and highlights relevant considerations for developing countries engaging with the contemporary international tax system.
WHY THE US PROPOSAL (WT/GC/W/764) WILL AFFECT ALL DEVELOPING COUNTRIES AND UNDERMINE THE MULTILATERAL SYSTEM
US’ recent submissions to the WTO attempt to fundamentally change the concept of Special and Differential Treatment (S&D) at the WTO from an unconditional right for all developing countries to conditioned concessions available to only a few. This will affect developing countries and undermine the multilateral trading system!
Key Issues for BAPA+40: South-South Cooperation and the BAPA+40 Subthemes
By Vicente Paolo B. Yu III
Developing countries today face multiple interlinked macroeconomic, financial, climate, and development challenges. South-South cooperation is an important element for developing countries to meet these challenges individually and collectively, and in multilateral North-South dialogue and global governance. The overall theme of the Second High-level United Nations Conference on South-South Cooperation (40 years after the Buenos Aires Plan of Action for Promotion and Implementing Technical Cooperation among Developing Countries/BAPA+40) is the “Role of South-South cooperation and the implementation of the 2030 Agenda for Sustainable Development: challenges and opportunities”, with sub-themes. This research paper will present some concepts relating to South-South cooperation that have been developed by the South and the United Nations system, and looks at some issues that would be relevant to discussions that may be undertaken with respect to Subthemes (i) “Comparative advantages and opportunities of South-South cooperation”; (ii) “Challenges and the strengthening of the institutional framework of South-South cooperation and triangular cooperation”; and (iv) “Scaling up the means of implementation of the 2030 Agenda for Sustainable Development in support of South-South cooperation and triangular cooperation”. It concludes by providing recommendations for the consideration of developing countries in response to the various subthemes, as inputs to support the active engagement by developing countries in the negotiations for the BAPA+40 outcome document.
24th Conference of the Parties of the UNFCCC: The US COP?
By Mariama Williams
Despite its stated intentions to leave the Paris Agreement, the United States negotiating team continued to dominate many of the negotiations of key areas of the twenty-fourth meeting of the Conference of the Parties (COP 24) agenda of the United Nations Framework Convention on Climate Change (UNFCCC). The outcome of the meeting, branded the ‘Katowice Climate Package’, again showed developing countries sacrificing many redlines to save multilateralism. The Katowice Outcome reflects very little substantial advancement of the global climate protection agenda. However, the discussion and further refining of the rules will continue in the UNFCCC’s upcoming negotiating sessions in 2019 as well as COP 25. Hence, developing countries have a chance to regroup and push forward to ensure sustainable development objectives are ensured and protected.
Scientific and Efficient Establishment of Urban Environmental and Resource Management System
By Youba Sokona
Transformation in urban areas needs to happen now to achieve sustainable development and fight against climate change. This transformation needs to be inclusive by focusing on social justice, power asymmetries and vulnerable populations; and requires all actors at the national and international level to collaborate in order to exchange information, generate and work with accurate data, develop technology and provide the financial resources for the implementation of the right programs and policies. These are messages of the keynote speech by Prof. Youba Sokona, South Centre Senior Adviser on Sustainable Development and Intergovernmental Panel on Climate Change (IPCC) Vice-Chair, at the “Forum on the Implementation of the 2030 Agenda for Sustainable Development”. He also highlighted the main take-aways from the recently released IPCC Special Report on Global Warming of 1.5°C. (more…)
Illicit Financial Flows: Conceptual and Practical Issues
By Hon. Irene Ovonji-Odida and Algresia Akwi-Ogojo
The issue of illicit financial flows (IFFs) is of great significance for many countries looking to mobilize domestic resources for achieving their development goals. The High Level Panel on Illicit Financial Flows from Africa, led by H.E. Thabo Mbeki, brought the issue into the global spotlight, notably since the release of exposés like the ‘Panama Papers’. This policy brief elaborates on the conceptual underpinnings of IFFs, its sources and the development costs they generate. Building on the report of the High Level Panel, it provides recommendations to stem IFFs from developing countries.
Will the Amendment to the TRIPS Agreement Enhance Access to Medicines?
By Dr. Carlos M. Correa
An amendment to the TRIPS Agreement by incorporation of the text of the decision of the WTO General Council on 30 August 2003 (as article 31bis) has been made in response to the problem identified in paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health. This paragraph sought a solution to situations where patented pharmaceuticals which are not available in a country with no or insufficient manufacturing capacity can be supplied by a foreign provider. As originally adopted, the TRIPS Agreement did not allow the grant of compulsory licenses for exports only, thereby preventing generic manufacturers from exporting the required products to countries unable to produce them. While the new article 31bis is a step forward as it reflects public health concerns, it would be necessary to streamline the procedures to effectively ensure broader access to pharmaceutical products at low cost and in a timely manner.
E-commerce and Developing Countries: The South Asian Experience
By Rahul Choudhury
The evolution of Electronic Commerce or E-Commerce has brought about a
significant change in the way business is conducted across the globe. The ecommerce which emerged during early 2000 in the United States and other developed parts of the world has expanded to almost all the developing countries by now. Developing countries like India, Brazil, and Indonesia have provided a fertile ground for the growth of this sector and even surpassed many developed countries in terms of market size. There exist a lot of differences in the e-commerce market inSouth Asian countries. Although there has been a significant growth in this sector in the South Asian region, still it has a way to go. (more…)
IP Licence, Trademarks and ISDS: Bridgestone v. Panama
By Pratyush Nath Upreti
Can an intellectual property right or a license authorizing its use be deemed an ‘investment’ under bilateral investment treaties? This policy brief discusses the arguments submitted by the parties in the Bridgestone Licensing Services, Inc. and Bridgestone Americas, Inc. v. Republic of Panama case on questions regarding a trademark license agreement. Bridgestone Licensing Services, Inc. (BSLS) and Bridgestone Americas, Inc. (BSAM) together initiated arbitration proceedings on the grounds that Panama’s Supreme Court decision was unjust and arbitrary, violated Panama’s obligations under the United States-Panama Trade Promotion Agreement (TPA), expropriated their investments, and violated the requirement of fair and equitable treatment (FET) to BSLS’s and BSAM’s investments.
